commercialconstructiondispute resolutionpublicationsexpertisecontact
|
|
|
|
|
|
|
|
|
|
|
|
|||
 |
|||
|
|
|
|
PPPs - Best Possible value for money? |
this paper addresses a number of issues with PPPs following the Government's announcement on 11 August that public agencies would be required to consider alternative procurement options, including PPPs. |  |
|
|
|
||
Interim Determinations - time is up for the independent Engineer |
a review of two decisions of Justice Jackson on the independence of project managers and independent certifiers. | |
|
|
|
||
Dispute Resolution in Construction Contracts |
This paper looks at the most common causes of construction disputes, analyses the approach taken in standard form contracts (NZS3910, FIDIC & NEC3) and considers alternative strategies for avoiding or minimising disputes disputes. | |
|
|
|
||
Trusteeship in International Environmental Law |
Review of the concept of Trusteeship in International Environmental Law, and how further insights can be gained on this concept through an examination of global traditions and world religions. | |
|
|
|
||
Bad Pennies |
This paper discusses the ability of adjudicators to award interest following the House of Lords decision of Sempra Metals, and the NZ Court of Appeal decision in Clarkson v Whangamata Metals. | |
|
|
|
||
|
Achieving 90% Research paper December 2008 |
Review of the Government's desire to achieve 90% of electricity generation through renewable energy sources | |
|
|
||
|
Collateral Contractual Arrangements An edited version of a paper given at a NZ Law Society intensive seminar on Building and Construction law on 6 & 7 November 2008 |
This paper discusses the use of parent company guarantees, bonds and ensuring payment of subcontractors. | |
|
|
||
|
Alliancing Contracts e.news article September / October 2008 edition |
Discussion of when alliancing contracting might be appropriate | |
|
|
||
|
Commercial Mediation Auckland District Law Society Seminar 1 July 2008 |
Top Tips for getting disputes to mediation | |
|
|
||
|
Project Mediation NZ Lawyer 14 September 2007 |
A discussion of project mediation as an alternative ADR process | |
|
|
||
|
Drafting for Disputes AMINZ breakfast, 8 May 2007 (also NZ Lawyer and Cross Section) |
A discussion of ADR options in construction contracts | |
|
|
||
|
Unforeseen Ground Conditions and Allocation of Risk Society of Construction Law, May 2007 New Zealand Law Journal [2007] NZLJ 209 |
Copy of a paper delivered at the first session on ground conditions and allocation of risk | |
|
|
||
|
SCL Conference in Singapore NZ Lawyer, November 2006 |
A report on the first international Society of Construction Law conference in Singapore 15-17 October 2006 | |
|
|
||
|
Ownership Structures Cross Section, June 2006 |
Thoughts on ownership structures for architecture practices | |
|
|
||
|
The Life Blood of the Building Industry February 2006 |
The Court of Appeal reinforces the importance of either issuing payment schedules or making interim payments | |
|
|
||
|
Construction Contracts Act Update November 2005 |
A review of the recent High Court decision of Brooklyn Holdings v Able Handyman Services | |
|
|
||
|
Certifying Progress Payments under the Construction Contracts Act June 2005 |
A review of payment procedures following the Court of Appeal decision in George Developments v Canam Construction | |
|
|
||
|
Avoiding Construction Disputes April 2005 |
A discussion of the underlying causes of disputes in construction contracts, and how to use contract procedures to avoid them | |
|
|
||
|
State Trading Enterprises under Article XVII of the GATT following Canada
- Wheat Research paper, October 2004 |
A consideration of the Panel and Appellate Body decisions of the WTO on the application of Article XVII of the GATT on Canada's Wheat Board, and single desk producer marketing boards | |
|
|
||
|
Architects'
liability to owners Cross Section, June 2004 |
Analysis of the relationship between architects and owners in light of the UK decisions of Tesco Stores v Constain Construction and Sahib Foods v. Paskin Kyriakides Sands | |
|
|
||
|
Transparency and Good Governance in
Goverment Procurement Research Paper, June 2004 |
A consideration of the requirements of transparency and good governance in public procurement in New Zealand under international treaty, under local procedural requirements and at common law | |
|
|
||
|
Navigating the Tender Process - Follow up 17 December 2003 |
A discussion of the Privy Council decision in Pratt v Transit New Zealand | |
|
|
||
|
Terms of Engagement Cross Section, October 2003 |
Options for engagement of design consultants, in traditional projects, design-build, novation, and in joint venture | |
|
|
||
|
Architect's Appointment Cross Section, April 2003 |
The traditional role of the Architect discussed. | |
|
|
||
|
Moving Forward NZ Herald, 3 May 2002 |
In response to the Government's transport package announced in May 2003. | |
|
|
||
|
PPP-PFI Strange Acronyn's Client Publication |
Unraveling the mystery behind BOOT, DBFO, BO and other strange acronyms, and explaining the benefits of privately funded infrastructure development. | |
|
|
||
|
PPPs - Who bears the cost? |
Private finance for infrastructucture viewed in perspective, in response to a speach of Dr. Cullen - November 2002 | |
|
|
||
|
6th Local Government Asset Management - Service Delivery Speaking notes 6/7 May 2003 |
Considering alternative asset management options | |
|
|
||
|
Leaky Buildings Cross Section |
The liabilities and relationships of the parties to a building project are myriad and all parties can take steps to ensure risk liabilities and cost rests where it should. | |
|
|
||
|
Navigating the Tender Process NZ Law Journal [2001] NZLJ 346 |
Tender processes give rise to rights and obligations under statute, in contract, tort and in equity. This paper analyses each in the context of the Fair Trading Act, the Pratt Contractors and Walton's Stores lines of cases. | |
|
|
||
|
Copyright Ownership Cross Section |
Architect's ownership of drawings, CAD files and designs generally. | |
|
|
||