Breach of contract?
According to Judge Fogerty, it was plain that Smeaton never contracted the responsibility for the formula for the mix and its placing to GPL....
Myth or reality — is fixed price the more economic method of contracting?
As a solicitor specialising in construction law, clients often ask me what form of contract they ought to enter into with builders. The...
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) —...
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,...
Leaky buildings: Council fails to escape liability
Background
The plaintiffs, Peter and Patrick McNamara, purchased a home in Arney Crescent, Remuera, Auckland, soon after its completion in 2004. It became...
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...
‘Building work’ or ‘building method’?
The case of Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council concerns the application of the long stop limitation prescribed by section...
Independent building certifiers
McNamara, in their capacity as trustees, purchased a house in Remuera, Auckland, just after it had been built in 2004. The house leaked. ...
Broader outcomes — and constructing a better New Zealand
With $61.9 billion of the Government’s budget being spent on infrastructure over the next four years, the scale of that opportunity and the impact...
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...