CCA: Payment claims and the residential occupier
The recent High Court decision of Justice Wylie in Berg v Franix Construction Limited (CIV2008-404-3421) once again highlights that, in order for contractors to...
Limitation – leaky home owner left without a claim
The recent High Court decision of Associate Judge Doogue in Lawrence Bunting & Sara-Jane Gardner v Auckland City Council found the owners of a...
Duties and obligations of an adjudicator under the CCA
The recent Auckland High Court decision of Braysse & Maren Tayler v Christoper Lahatte and Northspan Construction Ltd (CIV-2007-404-6843) illustrates the importance of adjudicators...
Unit owners claim leaky building success
Tim Bates of Auckland law firm Legal Vision summarises some important principles that have come out of the latest leaky building claim to be...
‘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...
Sunset Terraces — a multi-unit leaky building claim makes it to the High Court
Sunset Terraces is a residential complex situated in Sunset Road, Mairangi Bay. It is a linear unit title development comprising 21 townhouses, each of...
CCA — ‘residential occupier’ has to occupy the premises!
The recent High Court decision of Welsh v Gunac South Auckland Ltd serves as a timely reminder as to the power of the Construction...
No council negligence found after CCC issued for leaky building
A recent Weathertight Homes Tribunal decision from Wellington in the Simpson Family Trust v Wellington City Council and Others case demonstrates the completeness of...
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...
Voidable transaction provisions of Act allow payment ‘clawbacks!’
A recent High Court decision involved TRC Consultants Ltd, an audio-visual componentry company, which was asked to pay back $55,000 worth of payments received...