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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.

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.

Duty to Warn: When is a contractor is responsible for design choices made by an owner?

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.

Tradie Law is excited to extend our partnership with the Wellington Rugby Football Union for 2024!

Tradie Law is excited to announce the extension of our partnership with the Wellington Rugby Football Union for 2024

Securing Your Retentions by Way of Court Injunction – A Timely Remedy When Developers Are in Trouble

It’s one thing to have the comfort of knowing your retentions are held on a statutory trust, but who is really holding them for you, the developer or the lender, and what is the risk that they have been spent or that the funding has been exhausted?

Wellington Rugby Football Union And Tradie Law

We recently sponsored the Wellington Lions, and saw the Tradie Law logo on the big screen - we love to support local, and getting behind Wellington's representative team was a great privilege!

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).

Employers can still be stung during trial periods

A recent decision from the Employment Relations Authority (Authority), Williams v Team One Limited [2022] NZERA 180, is an example of the Authority upholding the important objects of the Employment Relations Act 2000 (the Act) by acknowledging and addressing the inherent imbalance of power between those in employment relationships as well as promoting the enforcement of employment standards.

Solvency – A Plague On Directors’ Minds

Solvency issues are top of mind for many Kiwi businesses in the face of the prolonged disruption caused by COVID-19, together with rising interest rates, inflation and supply chain issues.

Subbies suck it up again?

On 5 September 2019, Auckland and Waikato-based Stanley Group/Tallwood became the latest in a long line of construction companies to go to the wall. Initial estimates put the amount owed to creditors at $5 million, with individual subcontractors reportedly owed up to $600,000.

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