Retention Money Revolution: New Zealand’s Construction Industry Braces for Game-Changing Amendments from 5 October 2023
Members of New Zealand’s construction industry should familiarise themselves with upcoming changes to the retention money regime in the Construction Contracts Act 2002 (CCA). Retention money refers to an amount withheld by a party to a construction contract (party A) from an amount payable to another party to the contract (party B) as security for […]
🏉 Tradie Law: Embracing Excellence and Community Through Rugby Sponsorship 🏉
Championing Local SpiritFor Tradie Law, our sponsorship of the Wellington Lions is a great milestone and testament to our commitment to fostering local excellence. Jaesen Sumner, Partner of Ford Sumner Lawyers and Tradie Law, echoes this sentiment: “Having immersed myself in various roles within the local rugby scene, including significant engagement with the OBU Rugby […]
Make safe your retentions by injunction – a timely remedy when developers are in trouble
This article was written by our colleague and barrister Finn Collins of Lambton Chambers, with whom we work closely with on construction law matters and assisted us in obtaining a recent court injunction to secure retentions. It’s one thing to have the comfort of knowing your retentions are held on a statutory trust, [1] but who […]
Tradie Law Extends Partnership with Wellington Rugby Football Union for 2024
Tradie Law is excited to announce the extension of our partnership with the Wellington Rugby Football Union (WRFU) for 2024. Powered by the legal team at Ford Sumner, Tradie Law is dedicated to supporting trade businesses with tailored legal services that address the unique challenges they face. Ange Penney, General Manager of Tradie Law, expressed […]
Duty to Warn: When is a contractor is responsible for design choices made by an owner?
Introduction A duty to warn is when a party may be held liable for damage or loss caused to another where the party had an opportunity to warn the other of the issues and failed to do so. We are regularly asked by contractors whether they have any responsibility in situations like the following: A […]
Retentions Must Be Returned – The High Court Confirms
Retentions under a subcontract are held on trust by the head contractor for the benefit of the subcontractor. If retentions are withheld, contingent on anything other than the subcontractor’s performance, they must be released immediately, as this is considered void and unenforceable. In Stevensons Structural Engineers 1978 Ltd (in liq) v McMillan & Lockwood (PN) Ltd & […]
Contractual Risks in Construction Subcontracts – the 10 Red Flags
Gone are the days when a Subcontractor can simply put its contract in a drawer. And rely on its good relationship with a main contractor or developer. To ensure that a project runs smoothly, and it gets paid at the end. Today’s Subcontractor needs to understand its contractual obligations and manage them to avoid lengthy […]