Construction Contracts Act 2002 — Are resubmitted invoices capable of being payment claims?
This decision was a claim that started as a summary judgment application in the District Court where summary judgment was declined. It ended up...
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...
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...
Two more cases on the Construction Contracts Act
This was an appeal from a District Court decision declining summary judgment on a payment claim. West City was a construction company and Mr...
Disputed long-term painting contract finally settled
This case involved an application for summary judgment by the plaintiff, Service Painting and Building Co Pty Ltd (SPB), claiming the sum of $140,618.77,...
Carrying out building work without a building consent — Tan v Auckland Council
I wish to review the recent decision of Tan v Auckland Council. Mr Tan, the appellant, had been charged by the Auckland Council with...
Can payment be withheld, and a construction contract cancelled, on the basis of incomplete...
In this month’s article I wish to review the March 2017 decision of Bulmer v Envisage Construction Ltd. This decision was initially heard in...
Relaxed limitation rule allows defects claims older than 10 years
Timothy Bates of Auckland law firm Legal Vision runs the rule over a recent case where defects claims outside a 10-year limitation period were...
High Court conflict of authorities — Construction Contracts Act 2002 and statutory demands
It had been clear law following the decision of Volcanic Investments Ltd v Dempsey & Wood Civil Contractors Ltd that a set-off or counterclaim...
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...