Civil Engineering Site Review Checklist Effective site inspections are the backbone of successful civil engineering projects in New Zealand, where diverse terrain and stringent environmental regulations demand thorough documentation and systematic assessment.  This comprehensive civil site inspection checklist addresses the critical elements that engineering professionals ...

Legal sovereignty is a political concept that gives States the power to govern themselves and the people within a state. It is the ultimate source of legal power and autonomy.  In a monarchy, a king or queen has sovereign power.  It is sovereignty that allows a State to create laws, like a constitution, and create/protect its border from other sovereign States.  That is, one ...

If the proper law of the contract has not been identified in the contract through a governing law clause, and it cannot be inferred from the express or implied intentions of the parties, the court will apply its jurisdiction’s conflict of laws rules to determine which legal system applies to the contract.  Where that analysis dictates that another jurisdiction’s legal system ...

There are many ways to draft a governing law clause. For our purposes, and to keep things manageable, we will focus on three types of governing law clauses, which will be referred to as: 1) simplified, 2) excluding, and 3) combined clauses.  A simplified governing law clause names a governing law jurisdiction, such as Ontario or New York state. It is “simple” in that it is ...

The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) is a treaty that is binding on all States that sign it. That is, it becomes law in that State. It is an example of a uniform law.  The CISG was created by The United Nations Commission on International Trade Law (UNCITRAL) in 1980. Under its terms, any party in a Contracting State ...

Yes, they can. In fact, it is a good idea to reference them whenever they apply.  The International Organization for Standardization publishes the international standards, known as “ISO standards”.  ISO standards are not law.  They are internationally agreed upon best practices and standards created by experts for the benefit of manufacturers, sellers, buyers, customers, ...

There are two legal regimes that apply to intellectual property (“IP”) rights in technology agreements: 1) contract law, and 2) IP law. Privity of contract applies between the parties to a contract such that only the parties to the contract can enforce any rights or obligations under the contract. IP laws are a subset of property law and as such, can be enforced against ...

For the most part, yes. Arbitration is often the chosen dispute resolution method in international contracts because it’s faster and less costly than litigation, the parties can choose the governing law and procedural rules for the arbitration, and they can choose the arbitrator or a panel of arbitrators. Unlike a court case, which is public and can be appealed, arbitration ...

In a previous post here , I provided an overview of the European Union’s draft Artificial Intelligence Act (“AIA”). On December 8, 2023 the European Parliament and the Council on the Artificial Intelligence Act reached political agreement on the content of the AIA. Next, the agreement will receive formal approval, which is expected to take place sometime in April 2024. ...

Pricing terms (i.e., amount, discounts, invoicing currency) for Deliverables (i.e., goods, services, or licensed materials) are often contained in Schedules to an Agreement. The Agreement usually has clauses describing the structure of the Agreement itself. Within these clauses the parties can identify how schedules can be made and by whom, how they are to be interpreted in ...

For engineers in New Zealand, understanding and upholding engineering ethics is fundamental to their practice, reputation, and the safety and well-being of the public. When a single design flaw can risk lives, or a quiet compromise can harm the environment, ethics isn’t just theory, it’s survival. This article explores the core principles of engineering ethics in NZ, ...

Chartered and professional engineers in New Zealand play an important role that focuses on public safety, trust, and shaping a better future. At the heart of this responsibility lies engineering ethics.  This is the essential framework guiding decisions and actions, ensuring operations are conducted with integrity and competence.  This article explores the practical ...