Contractual mistake in sale and purchase of a leaky house
Timothy Bates and Sabina Boyd of Auckland law firm Legal Vision review a recent case which concerned a contractual mistake in an agreement for...
When does innocent representation become actionable misrepresentation?
Timothy Bates of Auckland law firm Legal Vision examines a case concerning the purchase of a leaky unit that invoked clauses in the Contract...
‘Long stop’ provisions: Making sense of the 10-year limitation period in leaky building claims
The very recent Auckland High Court decision of Kells and Kells v Auckland City Council & Others (CIV-2008-404-1812) had to consider whether the Weathertight...
What is the definition of ‘building work’?
This article examines a recent High Court decision (GPE Holdings Ltd v Tile ‘N’ Style Ltd v Ors NZHC 802) in which the...
Cost fluctuation clauses in construction contracts
Timothy Bates and Bodene Robertson-Wright of Auckland law firm TM Bates & Co review and compare the Cost Fluctuation clauses used in two common...
Building contracts — some terms to be wary of!
Last month Sarah Wray and I had the pleasure of meeting and talking to members of the Southern Branch of the Auckland Registered Master...
Carrying out building work without a building consent — Tan v Auckland Council
I wish to review the recent decision of Tan v Auckland Council. Mr Tan, the appellant, had been charged by the Auckland Council with...
Directors’ statutory duties — the Mainzeal High Court decision
By Tim Bates, Legal Vision
In this month’s article I wish to review some of the findings of the recent Mainzeal High Court decision.
The decision...
Relaxed limitation rule allows defects claims older than 10 years
Timothy Bates of Auckland law firm Legal Vision runs the rule over a recent case where defects claims outside a 10-year limitation period were...
Non-compliant payment claim foils statutory demand process
Timothy Bates of Auckland law firm Legal Vision evaluates a case that addresses the interplay between the Construction Contracts Act 2002 and the statutory...