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,...
Can a notice to fix be served on non-compliant works carried out by a...
Tim Bates and Fiona Dobroshi of Auckland legal firm TM Bates & Co look at the case of Waikato Regional Council v The District...
How to make sure you get paid for the building works you provide
Timothy Bates and Bodene Robertson-Wright of Auckland law firm Tim Bates & Co pose a debt collection fact scenario, and put forward the various...
Changes coming to NZ’s most widely-used major works contract
For more than a decade, NZS 3910:2013 has been the go-to form of contract for major construction projects in New Zealand. In 2021, Standards...
Leaky building decision — Builder 40% liable, Council 60% liable
A new District Court decision of Judge Hubble — namely Standen & Standen v Waitakere City Council & Others — has found that the...
Building company director found not liable for losses arising from leaky building syndrome
In this month’s article I review the 2014 decision of Derwin & Diar v Wellington City Council & Others, in which the council brought...
Retentions — an update
In this month’s article I wish to take the reader back to the proposed changes to the retentions regime brought about by the amendments...
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...
Salem Ltd v Top End Homes Ltd — Court of Appeal endorses the CCA
This case concerns the Construction Contracts Act 2002 and was argued in the Court of Appeal.
Top End was a building company that undertook the...
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,...