Concordia Commentaries

Launch of Disputes Resolution Board and Academy of Experts

Greetings everyone

We have some exciting News which you will all be glad of and has been long promised.  The Industry has long been disappointed with the quality of adjudicators and dispute resolvers in NZ.  This is primarily because GP lawyers have historically got the lion’s share of the work until CMC Asia Pacific moved to NZ and showed the industry a different way.  Unlike NZ lawyers, we are first and foremost Construction people – quantity surveyors, project managers and commercial managers also with legal qualifications and most of us a specialist Construction Law and Arbitration qualification from London with more than 30 years on only dealing with construction  and engineering disputes.  We are Experts in construction law and resolving disputes.  In the 11 years we have been operating, we have built up a significant clientele and have resolved over 300 and $3bn worth of disputes.  We work with the largest and the smallest contractors and subcontractors, being available to anyone that is in dispute or wishes to avoid them.

The good news is that we and a group of industry professionals have launched New Zealand’s first ONLY Construction Panel Disputes Review Board and Academy of Experts.  These have been publicised in “Contractor” and NZ Construction News magazines this month and can be found at www.constructiondrb.com.

We are looking for Experts in their field to train to be an Expert Witness and join our panel of very qualified construction professionals.  Please apply through the website if you consider you have the experience to be on our panels.

In the meantime, we attach details of our forthcoming seminar, following much demand for this course:

‘Liquidated Damages and Extensions of Time’

With a busy construction industry comes disputes.  At the heart of these disputes is the lack of understanding and importance placed on the contractual provisions around notifying delays, requesting extensions of time in accordance with the contract and condition  precedent clauses affecting these rights.  Coupled with busy commercial staff, lack of resource, lack of communication and poor record keeping, the Industry is in a dire situation and contractual positions are being affected to the point of companies going into receivership for want of following processes which could have saved them.  This course navigates the delegate around complex contractual provisions, time bars, notice requirements and programming obligations and will cover all aspects of delay, disruption, quantifying loss, working day rate or damages.  It will also cover current legal authority on such subjects as the “Prevention Principal”, Liquidated Damages v General Damages, Society of Construction Law Delay and Disruption Protocol, Contract Administrator’s, Principal and Contractor Obligations, cause and effect and relevant programming theories, how to request an extension of time and how to receive one; the differences between a Notice of delay under Clause 5.21 and an extension of time under clause 10.3.2 of NZS3910:13.  Comparatives will be made with NZS3915, 3916 and NZI2007.

The course will also provide the delegates with processes to avoid disputes, understand the contract and deal with processes timely and effectively.

Click here for more information.