Construction Contracts Act 2002 — Are resubmitted invoices capable of being payment claims?

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  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

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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?

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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

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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

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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

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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...

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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

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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

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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

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You may have noted in the New Zealand Herald recently, two cases reported of directors of development companies being held personally liable for water...