‘Long stop’ provisions: Making sense of the 10-year limitation period in leaky building claims
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
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
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
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
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
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
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
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
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
I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by the operation of the Construction Contracts Amendment Act...