Glen Holm-Hansen

What standard contract forms, if any, are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? NZS 3910, NZS 3915, NZS 3916 and NZS 3917 are the most common construction contracts. Other well-known contracts (such as the International Federation of Consulting Engineers contract and NEC3/NEC4) are also used, albeit not as frequently.

Until 8 April 2021, cartel conduct was punishable only by civil penalty in New Zealand. In R v Kumar [2024] NZHC 3955 the High Court imposed the first criminal convictions and sentences for cartel conduct under s 30 of the Commerce Act 1986. During time of economic distress, cartel conduct often increases. Those in the construction industry need to be mindful of anti-competitive behaviour, particularly in the procurement phase. What is cartel conduct?

The UK Supreme Court recently released Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 determining that a collateral warranty used in the construction context was not a construction contract under the Housing Grants, Construction and Regeneration Act 1996 (the Act) for the purposes of a right to adjudication. A collateral warranty is an agreement with a third party to provide that party rights in respect of defective works.