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ARTICLE · 20 SEPTEMBER 2016

Do changes to the Construction Contracts Act affect you?

The Act will extend to new categories of construction professionals, such as designers, engineers and quantity surveyors.

New ZealandReal Estate and Construction

Litigation

From 1 September 2016 the Construction Contracts Act will extend to new categories of construction professionals. This article provides information as to the changes and how they might affect you.

The Construction Contracts Act was changed significantly in 2015 but some of the reforms were staggered to come into effect over 2016 and 2017.

Previously, the Act generally only applied to physical construction work, however from 1 September 2016 design, engineering and quantity surveying will now fall within the definition of "construction work" under the Act.

This is significant as designers, engineers and quantity surveyors will now be subject to the provisions of the Act, including the prohibition on conditional payment provisions, the payment claim/payment schedule regime, and the fast track dispute resolution process, known as adjudication.

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