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...
Bankruptcy no protection against a claim accruing after the period of bankrutpcy
The decision in the case of Chapman v Weathertight Homes Tribunal & Another concerns a builder that was named as a respondent to Weathertight...
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...
‘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...
The CCA and the case of the disputed flooring invoice
Floorman Waikato Ltd (F) was engaged by Jonathan McRae (M) to sand and coat his floors. F said that different options and pricing for...
To arbitrate or adjudicate — that is the question
Whatever the cause of a dispute, the only two ways for it to be resolved are by agreement of the parties (ie settlement) or...
Buyer beware principle — alive and well
The recent case of Ford & Anor v Ryan & Anor demonstrates the very real difficulties owners of properties with water ingress issues face...
What constitutes effective service of key legal documents?
It is now commonplace for many business relationship communications to be conducted predominantly in email form. Construction contracts are no exception.
Typically, the key device...
The case of a relocation company’s liability in respect of a defective home
Tim Bates and Fiona Dobroshi of Auckland legal firm TM Bates & Co assess the High Court decision in Stott v Uplifting Homes Ltd,...
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...