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...
The Financial Assistance Package — an opportunity?
A claim is eligible if water has penetrated the dwelling because of some aspect of the design or construction, the dwelling is damaged as...
Mediation — promoted as ‘diametrically opposite’ to the court process?
She was critical of the following aspects of the pro-ADR argument: • Mediation is promoted as a much better alternative to court on...
Removal applications in the Weathertight Homes Tribunal — an uphill battle?
While it is up to the party seeking to be removed to prove that it is fair and appropriate that they be removed, it...
Cashflow — the lifeblood of the construction industry
Although the Tribunal can be a very cheap dispute resolution mechanism, one of the disadvantages can be that it is not bound by the...
The importance of the Code Compliance Certificate
The issuing of the consent and all relevant inspections, including the final inspection, had been carried out more than 10 years before the proceedings...
How far does a duty of care extend and what is required to mitigate...
September 29, 2004, but practical completion did not occur until April 4, 2005.
In the latter part of 2004, as a result of...
Project manager plays Russian roulette with council and wins
Leaky building claims often head down a well trodden track. Proceedings are issued in the courts or the Tribunal, interlocutory steps are disposed of,...
Limitation periods
Overview Limitation periods are extremely important for those involved in a claim relating to defective building works, whether that be someone who wants...
Personal liability of trustees
In a recent appeal from the District Court, Justice Potter unequivocally overturns a District Court decision, holding the trustees personally liable, even where these...