The Government is once again looking to impose further statutory controls over how contractors are to handle and protect retention moneys owed to its sub-contractors - this time with civil monetary penalties facing the construction companies and their directors for non-compliance.

On 30 October 2020 the Supreme Court delivered a landmark judgment in the context of contracts of guarantee in the case of Brougham v Regan [2020] NZSC 118. A summary of the key facts of the matter and important points in the Court's decision follow.

Introduction - This article highlights an important but little-noticed piece of New Zealand legislation hurriedly prepared and enacted in response to the Covid-19 pandemic. The Business Debt Hibernation scheme was created to help companies, partnerships, trusts, or incorporated societies established before 3 April 2020 to cope with and manage certain existing debts where those entities are unable to immediately pay those debts due to the impact of Covid-19, but where their prospects of payment in the future are much better.

There is an important update on the health and safety requirements in the construction sector we wish to share with you if you have not yet been updated. Over the last few weeks, the situation with Covid-19 in New Zealand has noticeably improved. However, it is too soon to celebrate, and there is no room for complacency as we will still be under Covid-19 Alert Level 2, starting this Thursday 14 May 2020. It will remain critical, perhaps more than ever, for everyone in the construction industry to take all necessary steps to keep the virus under control until we are down to Alert Level 1.

Parties to construction contracts, especially those contractors (and subcontractors) who are engaged to carry out particular contract works by an agreed due date for completion, may be exposed to penalties or "liquidated damages" if unable to carry on or complete those works during the Covid-19 Alert Level 4 lockdown.