team to maximise their independence. For more on this please see: We need to talk about the Engineer.7 10. Dispute Resolution Boards: DRBs are an effective means of resolving issues during a project. In the nature of a ‘spot’ arbitration, a board (of 1 or 3 independent persons) is empowered by contract to assist the parties and make determinations during the life of the project. What distinguishes it from other dispute resolution processes is that the board is already familiar with the project and considers issues contemporaneous with the works. As a result, there is an emphasis on avoidance as much as resolution, and the upfront cost usually results in a long term saving. DRBs ought to be the default choice for complex/larger (say $20m+) public projects, and with the board having regular engagement with the parties and not simply be a standing board. For a detailed discussion of DRBs please see: A case for Dispute Resolution Boards.8 Disclaimer: The information contained here is of a general nature and should be used as a guide only. It is not a substitute for obtaining legal advice. Any reference to law and legislation is to New Zealand law and legislation.
End Notes
[1] Post Cabinet Press Conference, 6 August 2018. [2] See Hesketh Henry’s Ebert Updates: What You Need to Know (23 August 2018); Receivership and Liquidation (18 October 2018); and Court Guidance on Retentions Trust Regime (19 November 2018). [3] 2018 National Construction Pipeline Report. [4] For further reading on the industry, see: N Gillies The Construction Landscape in New Zealand (21 December 2015). [5] D Firth How to rebuild the construction industry NZ Herald (30 September 2018), and J Walton Crisis? What Crisis? Time for structural reform in the construction industry Law Talk Issue 923 November 2018 at 23. [6] www.infrastructure.nsw.gov.au/media/1649/10-point-commitment-to-the-construction-industry-final-002.pdf [7] Building and Construction Law Journal (2018) 34 BCL 179. [8] Arbitrators & Mediators Journal (December 2014), Vol 33, No 2.
about the authors
NIck Gillies Partner
Sarah Holderness Senior Associate
Hesketh Henry is an Auckland based Law Firm that has proudly been serving Aucklanders, New Zealanders, and overseas businesses and investors since 1865.