Can you imply into a building contract a term allowing the owners to terminate?
Timothy Bates and Carlo Wan of Auckland law firm Legal Vision examine a recent High Court decision in which the High Court was required...
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...
Can council inspection delays result in successful negligence claims?
For various reasons, it is not uncommon for there to be long delays between construction of a building and final inspections and the issue...
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) —...
New CCA case further vindicates Act
Marsden Villas Ltd v Wooding Construction Ltd is an interesting case under the Act because it considers in depth whether the construction company, Wooding...
The BPB — three reported decisions
The Building Practitioners Board is a quasi-judicial body that hears complaints made against Licensed Building Practitioners. BPB Complaint No C1011 ...
Managing director liable under the Fair Trading Act 1986
This appeal concerned a leaky home built in early 2000 by Kingdom Residential Housing Ltd. The owners had sued the council who, in turn,...
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...
Leaky building claim against council fails for being out of time
The case was brought by the council exercising the summary judgment procedure (available to defendants) on the grounds that Ms Lee’s proceeding was statute...
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...