The Building Act 2004 — a refresher course

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In this month’s article, I wish to review several of the key provisions of the Building Act 2004. Section 8 defines “building”, and sets out...

Liability of the BIA and BRANZ for a leaky building — Fair Trading Act...

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This month’s article focuses on a decision which considered the liability of the BIA and BRANZ to the owners of a leaky building.   The decision...

Leaky buildings — vendor/council/contractor found liable

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Timothy Bates, principal of Auckland law firm Legal Vision, looks at a recent decision involving an Auckland home that suffered leaky building issues...

Building Act 2004 – Building (Residential Consumer Rights and Remedies) Regulations 2014 – Are...

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In this month’s ar ticle I wish to firstly remind you that as of January 1, 2015, the Building (Residential Consumer Rights and Remedies)...

Substantial judgement from the case of a leaky school

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By Timothy Bates, Legal Vision   This month’s article concerns the May 2018 judgement of the Ministry of Education & Others v H Construction North Island Ltd. It...

Unit owners claim leaky building success

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Tim Bates of Auckland law firm Legal Vision summarises some important principles that have come out of the latest leaky building claim to be...

Leaky buildings: When is a company director personally liable?

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Tim Bates and Francesca Collins of Auckland law firm Legal Vision debate when a director can be found personally liable for the faults of...

Can payment be withheld, and a construction contract cancelled, on the basis of incomplete...

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In this month’s article I wish to review the March 2017 decision of Bulmer v Envisage Construction Ltd. This decision was initially heard in...

Water ingress and body corporate obligations

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Tim Bates of Auckland law firm Legal Vision discusses a case involving a body corporate: S Y Brooker v Body Corporate No 154558   In 1993...

Sunset Terraces — a multi-unit leaky building claim makes it to the High Court

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Sunset Terraces is a residential complex situated in Sunset Road, Mairangi Bay. It is a linear unit title development comprising 21 townhouses, each of...