Haskell Construction Ltd v Ashcroft - [2020] 3 NZLR 113

Judicial review — Statutory process for determination of disputes — Whether jurisdiction for third adjudication — Whether claim uncontestably dealt with in earlier adjudications — Construction contract to build architecturally designed home — Dispute over further work involved — Whether parties can contract out of implied terms of construction contract for residential building — Whether adjudicator can make determination for payment of compensation for loss for breach of implied terms — Building Act 2004 ss 3 and 362.

Contract — Construction contract — Statutory process for determination of disputes — Whether jurisdiction for third adjudication — Implied terms — Issue estoppel — Whether could contract out of implied terms when construction contract for residential building — Whether adjudicator could make determination for payment of compensation for loss for breach of implied terms — Whether claim uncontestably dealt with in earlier adjudications — Building Act 2004 ss 3 and 362.