J‐Frame has a BRANZ appraisal and a CodeMark certificate. These are unaffected by the Commerce Commission's compliance advice letter. This means that J‐Frame is certified for use where the H1.2 hazard class applies. If J‐Frame is specified in plans for a use in situations where the H1.2 hazard class applies then a Building Consent Authority is obliged to accept this, on the basis of the CodeMark certificate. If consented plans specify “H1.2” and a Code Compliance Certificate has not yet been issued then a minor variation to the consent will be needed if the builder uses (or proposes to use) J‐Frame.
Minor variations to building consents: Guidance on definition, assessment and granting has further information.
The Qatar crisis highlights the question of force majeure The Qatari diplomatic crisis highlights the issue of force majeure clauses in construction contracts. Imports of construction materials needed for the State of Qatar to deliver its World Cup and Vision 2030 infrastructure schemes are being severely impacted by the recent closing of borders by key neighbours Saudi Arabia and the UAE, leading to increased costs and delays on major construction projects. Under Qatari law, the doctrine of force majeure, found at Article 256 of Law No. 22 of 2004 (the Civil Code) states: "If the debtor does not perform the obligation specifically, or is delayed in its performance, he is obliged to compensate the damage caused to the creditor; unless it is proved that the non-performance or the delay was for an extraneous cause for which the debtor is not responsible." Further, parties can agree to take responsibility for the consequences of a force majeure event, as Article 258 of the Civil Code states: "It is permissible to agree that the debtor shall bear the responsibility of force majeure or sudden incident." As such, where an agreement contains a force majeure clause which specifies the exclusive events that constitute force majeure, then such clause will be valid, binding and enforceable between the parties to that agreement. The question that arises is whether or not the current diplomatic crisis constitutes a qualifying event for the enforcement of a force majeure clause in a construction contract? The definition of force majeure events may be drafted widely, or narrowly to include only specific events in construction contracts. The crisis highlights the importance of careful drafting of force majeure clauses to carefully define the trigger events for force majeure clause to apply.
DON'T FORGET: NEW REQUIREMENTS FROM 31 MARCH 2017
Do not let any employer withhold retentions from you unless they are held in trust in a unique BuildSafe Retention Trust Fund Account.