The latest Build Magazine, published by BRANZ on 1 February 2019, has a nice article by AMINZ Executive Director, Deborah Hart, on construction disputes.
Musings of a busy mind
“The original genesis of this bill came from members of AMINZ. I'd like to acknowledge the significant contributions of the renowned arbiters such as Sir David Williams QC and Mr John Walton.” Hansard
The end is in sight!
Not for the first time this year, I have on my desk a government contract which suggests that, despite their recent assurances to the contrary, the Government has not learned its lesson as a good contracting party. The contract in question contains a completely unrealistic and unjustified transfer of risk; not because it's a good idea, but because they can.
The time is now right, it seems to me, for greater use of the independent neutral - (1) peer reviewing; (2) probity auditing; and (3) disputes boards. Sometimes an independent, experienced voice is required to curb half baked and ill considered tendencies.