Construction Contracts Act 2002

• Jurisdiction: New Zealand
• Citation: 2002 No 46
• Reference: 2002 No 46
• Record Number: DLM163058
• Act Number: 46
• Type of Document: Act

Contenidos

• Construction Contracts Act 2002
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purpose
• 4 Overview
• 5 Interpretation
• 6 Meaning of construction work
• 7 Meaning of associate
• 8 Act binds the Crown
• 9 When Act applies: general
• 10 When Act applies: residential construction contracts
• 11 When Act does not apply
• 11A Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015
• 11B Transitional, savings, and related provisions
• 12 No contracting out of Act
• Part 2
• Part 1
• 13 Conditional payment provisions ineffective
• Part 2
• 14 Parties free to agree on payment provisions in construction contract
• 15 Application of sections 16 to 18
• 16 Right to progress payments
• 17 Amount of progress payment
• 18 Due date for payment
• Part 2A
• 18A Interpretation
• 18B Application of subpart and meaning of retention money
• 18C Retention money is held on trust
• 18D How retention money must be kept and used
• 18DA Failure to keep retention money as required
• 18E Bank account
• 18EA Treatment of unallocated withdrawals or deposits
• 18F Public Finance Act 1989 applies if party A is the Crown
• 18FA Protection of retention money
• 18FB Complying instruments
• 18FC Accounts and records
• 18FD Party A must report on retention money
• 18G Interest on late payment
• 18H Protection of retention money
• 18I Prohibited provisions
• 18J Effect of receivership or liquidation of party A
• 18K Receiver or liquidator as trustee
• 18L Change of trustee
• 18M Functions of chief executive
• 18N Power to require information
• 18O Offences relating to information and documents
• 18P Power of entry
• 18Q Hindering chief executive
• Part 3
• 19 Interpretation
• 20 Payment claims
• 21 Payment schedules
• 22 Liability for paying claimed amount
• 23 Consequences of not paying claimed amount where no payment schedule provided
• 24 Consequences of not paying scheduled amount in manner indicated by payment schedule
• Part 4
• 24A Suspension of construction work
• Part 3
• Part 1
• 25 Right to refer disputes to adjudication
• 26 Relationship between Part and other dispute resolution procedures
• 27 Effect of Part on civil proceedings
• Part 2
• 28 How to initiate adjudication
• 29 Claimant may seek approval for issue of charging order in respect of construction site owned by respondent
• 30 Claimant may seek determination of liability of owner who is not respondent
• 31 When claimant may not seek approval for issue of charging order
• 31A Compliance with requirements of Act relating to supply of certain information
• 32 Owner who is not respondent is party to adjudication proceedings
• 33 Selection of adjudicator
• 34 Eligibility criteria for adjudicators
• 35 Appointment of adjudicator
• 35A Notice of acceptance
• 36 Referral of dispute to adjudicator
• 37 Response to adjudication claim
• 37A Reply to response to adjudication claim
• Part 3
• 38 Jurisdiction of adjudicators
• 38A Special provisions for adjudication if approval for charging order sought by claimant
• 38B Parties may be represented at adjudication proceedings
• 39 Withdrawal of adjudication proceedings
• 40 Consolidation of adjudication proceedings
• 41 Duties of adjudicator
• 42 Powers of adjudicator
• 43 When adjudicator's powers not affected
• 44 Adjudicator may draw inferences and determine dispute based on available information
• Part...