Builder fined for failing to file a ‘record of work’

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By Timothy Bates and Sabina Boyd, Legal Vision   The High Court decision of the Ministry of Business Innovation and Employment (MBIE) v Bell dealt with...

Limitation period for third party contribution

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Overview On September 24, 2004, a leaky building claim was brought by the Body Corporate and unit owners of an apartment complex located...

Cashflow — the lifeblood of the construction industry

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Although the Tribunal can be a very cheap dispute resolution mechanism, one of the disadvantages can be that it is not bound by the...

Subcontractor not found liable to principal in absence of contract

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The Auckland High Court decision of Justice Keane in Northern Clinic Medical & Surgical Centre Ltd v P S Kingston & Others (CIV-2006-404-000968) explored...

Relief from CCA 2002 ‘Pay now argue later’ provisions

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Timothy Bates, principal of Auckland law firm Legal Vision, reviews the recent decision of Brussell Construction Ltd v Manchester Industrial Holdings Ltd. This is a...

The Byron Avenue decision

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On 22 March 2010, the Court of Appeal upheld the High Court judgment of Justice Venning in Body Corporate No. 189855 and Others v...

Accord and Satisfaction

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This is an Australian Court of Appeal decision whereby the issue of Accord and Satisfaction (settlement) was considered. The builder performed residential building work...

Research shows project management salaries growing despite recession

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Amid a global economic climate plagued by high unemployment and a continued lack of organisational resources, the Project Management Institute (PMI) has good news...

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...

Who’s liable for apartment building deck repairs?

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By Tim Bates   In this month’s article I’ll review the High Court decision of Body Corporate 199380 v A Cook & Others, which dealt with...