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The Consultation Document issued by the UK Department of Trade and Industry on proposals to amend the Housing Grants Construction and Regeneration Act 1996 and the Scheme for Construction (England and Wales) Regulations 1998 has proposed 14 changes, 9 of which have been previously enacted in the NZ Construction Contracts Act 2002.
A Guide to the Construction Contracts Act is the most comprehensive book written on the New Zealand Construction Contracts Act and is essential reading for all those considering the proposed changes to the UK Act. The book is written for barristers, solicitors, architects, engineers, employers, contractors and subcontractors by authors Tómas Kennedy-Grant, previously Master of the New Zealand High Court and Geoff Bayley, registered quantity surveyor and adjudicator.
The 300 page book includes a history of the protections that existed in NZ until 1987, a detailed background of how and why the Act came about, a section by section guide through the Act and comparisons with sections in similar UK and NSW Acts, together with over 80 citations to UK caselaw to illustrate points that are not immediately apparent in the wording of the Act.
In addition, the book includes a flowchart of the adjudication process, from progress claim to the adjudication determination and payment; and a flowchart on the process of claims, payments and remedies under the Act. The book includes 20 draft forms that comply with the Act and that can be used at various stages through the payment and disputes process. These include draft payment claims, schedule, notices of adjudication with or without charging order applications and many others.
The principal legal advisor to the Building Industry Authority in NZ (the equivalent to the DTI in the UK) Mr Brian Cashin after reviewing the book stated: “For lawyers the authors cite 70 or so decisions almost all by the UK courts…..For owners contractors and subcontractors there are 20 draft forms for all stages of a contractual dispute from payment claims to adjudicators notices….Of particular value for all readers is a clear explanation of the Act’s time limits with graphic flowcharts and timelines that will be of value for adjudicators….. This is a book that can be highly recommended for anyone that might become involved in any way with managing or operating construction contracts, and also for students of law or any of the construction professions.”
Building Research Association of New Zealand Education Services Manager and Architect Mr Tony Condor with reference to the book stated: “The text is cross referenced often back to English experience. For the reader familiar with construction contracts it clearly and logically describes the provisions of the Act and how it will impact on the management of construction contracts. A Copy of the Act and its regulations are usefully included as an appendix. Building professionals who will need to be familiar with the wording of the Act will mostly refer to these well-indexed middle sections and will appreciate the flow charts and draft forms at the back. This book has not disappointed and could be described as an essential tool for a wide range of professionals whether administering or contracting under the law.”