The importance of explanation notices with payment claims
Tim Bates and Suzie Matheson of Auckland law firm Legal Vision examine a case where a payment claim process does not comply with the...
The District Court and High Court consider the meaning of ‘PC Sum’
In a recent High Court decision (G Mullany v TJ Brown & Another), the court had to consider the meaning of PC sum. This...
Leaky buildings: Council fails to escape liability
Background
The plaintiffs, Peter and Patrick McNamara, purchased a home in Arney Crescent, Remuera, Auckland, soon after its completion in 2004. It became...
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...
Buying a leaky building: Can a subsequent purchaser rely on their sale and purchase...
The Weathertight Homes Tribunal (WHT) decision of Paul White and Wilna White v Rodney District Council & Others (TRI-2007-100-000064) involved a leaky home in...
Construction Contracts Act 2002 — Payment Claim/Payment Schedule
The recent High Court case, Invent Solutions Ltd v Chan Developments Trustee Ltd & Others (CIV 2008-485-2834), considered whether payment claims served by the...
Revisiting payment claims under the Construction Contracts Act: Service
The Christchurch High Court decision of Arnold Jenson (2005) Ltd v Trevor James Bills & Others (CIV-2008-409-001349) covered the issue of what constitutes valid...
Subcontractor not found liable to principal in absence of contract
The Auckland High Court decision of Justice Keane in Northern Clinic Medical & Surgical Centre Ltd v P S Kingston & Others (CIV-2006-404-000968) explored...
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...
Case of the failed exclusion clause!
The recent Auckland High Court case — Body Corporate No. 205963 & Others v Leuschke Group Architects Ltd (in Liquidation) & Others (CIV-2006-404-5572) —...