The CCA 2002 — you need a provable contract first to take the benefits...
The day before MVDW was due to start building work on the defendants’ property, the defendants advised they wished to delay commencement of the...
Construction Contracts Amendment Act 2015
I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by the operation of the Construction Contracts Amendment Act...
Building Act 2004 – Building (Residential Consumer Rights and Remedies) Regulations 2014 – Are...
In this month’s ar ticle I wish to firstly remind you that as of January 1, 2015, the Building (Residential Consumer Rights and Remedies)...
The liability of vendors pursuant to clause 6.2(5) of the standard Agreement for Sale...
It is often the case that one of the named respondents in any given leaky building claim will be the party that sold the...
Commerce Commission v Carter Holt Harvey — Fair Trading Act
A report on a decision based on the Act involving CHH
This High Court decision followed on from a successful claim the Commerce Commission brought...
Directors’ personal liability — new leaky buildings cases
You may have noted in the New Zealand Herald recently, two cases reported of directors of development companies being held personally liable for water...
Solicitors sued in negligence attempt to issue third party notice against the builder?
Facts
The trust owned a property with a homestead in Queenstown. Davenports was a professional trustee for the trust and was its solicitor.
The homestead suffered...
Let builders beware — duties of care arising from labour-only contracts
Background The High Court was considering an appeal by the builders, Boyd and Halliday, of the liability apportioned to them by the Weathertight...
Dicks v Hobson Swan Construction & Others
No doubt most readers are now aware of the decision of Dicks and its implications for the Waitakere City Council. It has received plenty...
Can a claim be brought against the BIA?
One party that many commentators have said ought to bear some responsibility for the leaky building problem is the former Building Industry Authority (BIA)....