New Zealand

Statutory adjudication has become the New Zealand construction sector’s go-to dispute resolution method since its introduction via the Construction Contracts Act 2002. However, adjudication has developed a reputation in some quarters as a ‘rough and ready’ solution which sacrifices analytical rigour for efficiency. Against this backdrop, and in the absence of other wholly satisfactory dispute resolution methods, I propose the widespread adoption of Dispute Resolution Boards (DRBs) in New Zealand, given their impressive track record of resolving and preventing disputes in overseas projects.

9th International Society of Construction Law 'Building for Change' Conference
4-5 November 2021 Virtual

When New Zealand entered its first COVID-19 lockdown in March 2020, the construction law sector had to consider the implications of the lockdown under NZS3910.  In light of the proposed review of NZS3910, it is timely to consider whether NZS3910’s risk allocation regime is fit for purpose.  This essay considers whether NZS3910’s provisions on risk should be amended, and makes three key recommendations

Considers the operation of the doctrine of frustration and force majeure provisions in the context of the ongoing COVID-19 pandemic. The paper aims to provide an overview of how these two concepts interrelate and identifies some practical limitations surrounding their application to non-performance caused by the pandemic.

First Prize winner the Society of Construction Law New Zealand 2020 Essay Prize Winner