‘Long stop’ provisions: Making sense of the 10-year limitation period in leaky building claims

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The very recent Auckland High Court decision of Kells and Kells v Auckland City Council & Others (CIV-2008-404-1812) had to consider whether the Weathertight...

Leaky building decision — Builder 40% liable, Council 60% liable

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A new District Court decision of Judge Hubble — namely Standen & Standen v Waitakere City Council & Others — has found that the...

Salem Ltd v Top End Homes Ltd — Court of Appeal endorses the CCA

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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...

Building Act 2004 convictions — appealed

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Timothy Bates of Auckland law firm TM Bates & Co reviews a recent appeal to the High Court of convictions and sentence for charges...

Building suppliers potentially liable to end users in negligence/Consumer Guarantees Act 1993

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Facts Many schools located around New Zealand owned or administered by the Ministry of Education have been affected by weathertightness issues.   The Ministry filed a product...

Leaky buildings, remediation contract cost escalation, and building defects

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Timothy Bates and Bodene Robertson-Wright of Auckland law firm Tim Bates & Co consider how the Body Corporate of an apartment block manages to...

Council liable due to failure to issue an NTR

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  In this month’s article I address a new leaky building decision in the case of Lee & Lee v Auckland Council which went on...

Modular home — letter of credit and status of deposit paid

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Proceedings were issued by Ecotech to set aside a statutory demand that had been issued against it by one of its clients, Mr Baumann...

Weathertight Homes Resolution Services Amendment Bill under the microscope

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What remedies may be claimed?  The Bill has a specifi c section 7A aimed at setting out the remedies that may be claimed. This...

Construction Contracts Amendment Act 2015

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I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by the operation of the Construction Contracts Amendment Act...