On 3 February 2017, the Court of Appeal released its decision in the case of CJ Parker Construction Ltd (in liq) v Ketan [2017] NZCA 3. Observing that the consequences for not complying with the scheme under section 23 of the Construction Contracts Act 2002 may be draconian, Justice Toogood observed that “a pragmatic, common sense and contextual approach” was required when considering the validity of a payment claim in terms of section 20. More critically, the Court of Appeal has perhaps thrown a lifeline to owners who are unable to provide a valid payment schedule for an amount less than claimed, if the payment claim itself provid
Musings of a busy mind
Despite twenty years of public sector reforms and the corresponding reduction of the state sector, the purchasing power of central and local government, and their respective agencies, remains an important part of the New Zealand economy.
The current state of the construction sector makes good governance in the public sector critical
This article was researched and written back in 2003. The law remains pretty much as stated. With the announcement on 15 April 2019, some 6 years later, that the Government has entered into an accord with the construction industry, the core issues remain apposite.