The central problem is one of managing uncertainty, and for most projects the best solution is for clients to engage with contractors to understand and to reduce, as far as possible, those uncertainties. This will not necessarily result in a cheaper price, but it will result in a more certain price and more certain delivery.
Musings of a busy mind
In an important decision released earlier today, the Court of Appeal has provided welcome clarification on how the termination rights under NZS3910 operate in practice.
On Monday, 13 November 2017, AMINZ ran a one day seminar on resolving disputes in the construction industry. The day was chaired by Derek Firth, and presentations were made by Stuart Robertson, from Kensington Swan in Auckland, on the role of the Engineer; Janine Stewart, from Minster Ellison Rudd Watts in Auckland, on adjudication under the Construction Contracts Act 2002; Michael Weatherall, from Simpson Grierson in Auckland, on the use of disputes boards; and I rounded out the day on the use of arbitration.