Proposed changes to the Construction Contracts Act retentions regime

CL
Cavell Leitch

Contributor

It’s our mission to deliver New Zealand’s best legal experience. This isn’t just about our expertise but about the way we deliver it. We understand that legal matters can be confusing, stressful and scary so we try our hardest to simplify the process, listen to your needs and deliver timely, transparent advice.
The new bill proposes to change how retentions in construction contracts are to be dealt with.
New Zealand Real Estate and Construction
To print this article, all you need is to be registered or login on Mondaq.com.

What you need to know

What is it?

A bill was introduced to Parliament on 1 June 2021 proposing changes to how retentions in construction contracts are to be dealt with.

The key proposed changes

  • Retention money will have to be held separately, and can't be mingled with other funds.
  • Those holding retentions will need to provide regular reports.
  • Payment schedules will need to specify how much retention money is being withheld, and in what form.
  • Receivers and liquidators will hold the retention money on trust and can administer the retention funds for contractors.
  • Penalties are introduced for failing to comply with the retention regime, including fines of up to $200,000.

What next

The bill will now progress through Parliament and, if passed, will come into force 6 months later.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Proposed changes to the Construction Contracts Act retentions regime

New Zealand Real Estate and Construction

Contributor

It’s our mission to deliver New Zealand’s best legal experience. This isn’t just about our expertise but about the way we deliver it. We understand that legal matters can be confusing, stressful and scary so we try our hardest to simplify the process, listen to your needs and deliver timely, transparent advice.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More