BuildLaw Issue 25 September 2016 | Page 5

through a public private partnership (PPP) model will allow funding and innovative design and construction benefits. The Puhoi to Warkworth PPP model follows on from the Transmission Gully motorway project in Wellington, which was the first state highway in New Zealand being delivered through a PPP, expected to open in 2020. Mr Bridges expects the PPP contract for the Puhoi to Warkworth Project to be finalised by late 2016.

China: 57 Stories in 19 Days

China’s construction industry was the centre of internet attention recently, following the construction of J57 SkyTown, a 57 story building built in just 19 working days. The building boasts 19 atriums, some 800 apartments and office space for over 4,000 people. The almost unbelievable timeframe is attributed to modularisation – where 95% of the parts used in construction are pre-fabricated in a factory prior to construction, and then put together on site. Modularisation gained momentum following its revolution of the car manufacturing industry, and is now being increasingly engaged by developers in the construction industry as a means to maximise efficiency through advances in technology. However, like any construction method, the benefits of modularisation need to be weighed against the logistics involved and potential risks including: increased forward planning required, reduced flexibility, limited customisation, and more substantial financial investment upfront. Despite potential risks, the world of modularisation has opened up construction opportunities by making what were once impossible timeframes eminently more achievable. Video footage of the construction can be found here.

Winner of Competition to Design New Museum of London

On 28 July 2016, architects Stanton Williams and Asif Khan beat six other shortlisted architectural practices, being crowned the winners of the international competition to design the new Museum of London. Having outgrown its current building and location, the Museum invited global architects to submit designs for a building at the new site, with a brief to ensure the building meet[s] the needs of a 21st century museum, while also preserving the rich history of [the] great Victorian structures. The winning design includes a substantial glass dome in the entrance, spiralling escalators to an underground chamber as well as a sunken garden. Planning applications are expected to be submitted in 2018 with a predicted opening date some time in 2022.

Fail to Provide Building Guarantee in Contract? Get Fined

Canterbury builder, Gerard James Thomson, Director of construction business Flaxmill Ltd, was fined $12,800 and ordered to pay $16,700 in compensation by the District Court for making false representations about providing Homefirst building guarantees to home owners. Mr Thomson plead guilty to three charges of false or misleading representations under section 13(i) of the Fair Trading Act 1986. The Commerce Commission brought the case against Mr Thomson after three homeowners complained of not receiving the guarantee, when they had contracted on the basis that Mr Thomson would apply for it prior to starting construction work. The Court found that Mr Thomson never intended to apply for an independent guarantee, and as a result, his customers did not receive the protection he had led them to believe they had. In sentencing, the Court held that representations about building contracts need to be scrupulously accurate… whether they are making promises orally or in writing, the building services provider needs to do what they’ve committed to do.

Unseen Standard Terms Included

In Barrier Ltd v Redhall Marine Ltd [2016] EWHC 381 (QC), the UK High Court held that unseen standard terms referred to in a contract were