From the Editor Welcome to the 32nd issue of BuildLaw® in which we draw on the experience and expertise of leading experts in the field to bring you commentary, articles and reviews on topical matters relating to construction law. In this issue we feature ‘no oral variation clauses’ in light of the recent UK Supreme Court decision in Rock Advertising v MWB. We also look at the Grenfell Tower Report and the suspension by MBIE of six CodeMark Certificates relating to ACPs, the appropriate standard of review to be applied by the court to an arbitral tribunal’s ruling on jurisdiction following the recent VSC decision in Lin Tiger Plastering v Platinum Construction by of Croft J, the enforceability of retentions clauses, expert determination clauses in contracts vis-à-vis the right to litigate, the penalty doctrine post Makdessi, sentencing trends under the HSWA, and more. In ‘Case in Brief’ I discuss the recent NZ High Court decision in Anderson and Anor v Swindells & Anor [2018] NZHC 1803 (19 July 2018) in which the Court quashed an adjudicator’s determination (NOT a Building Disputes Tribunal adjudicator) on grounds of serious breach of natural justice and error of law. The Court also found the adjudicator failed to give adequate reasons for his determinations and took into account irrelevant considerations – altogether not a good day at the office for anyone involved!
I wish to take this opportunity to thank all our contributors. We are most grateful for the support we receive from dispute resolution professional, law firms, and publishers, locally and overseas, that allows us to share with you papers and articles of a world class standard, and to bring you a broad perspective on the law and evolving trends in the delivery and practice of domestic and international dispute resolution and construction law.
Contributions of articles, papers and commentary for future issues of Buildlaw® are always welcome. I do hope you find this issue interesting and useful. Please feel free to distribute BuildLaw® to your friends and colleagues – they are most welcome to contact us if they wish to receive our publications directly.
I wish to take this opportunity to thank all our contributors. We are most grateful for the support we receive from dispute resolution professionals, law firms, and publishers, locally and overseas, that allows us to share with you papers and articles of a world class s standard, and to bring you a broad perspective on the law and evolving trends in the delivery and practice of domestic and international dispute resolution and construction law.
Contributions of articles, papers and commentary for future issues of BuildLaw® are always welcome. I do hope you find this issue interesting and useful. Please feel free to distribute BuildLaw® to your friends and colleagues – they are most welcome to contact us if they wish to receive our publications directly.