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Let builders beware — duties of care arising from labour-only contracts

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Background The High Court was considering an appeal by the builders, Boyd and Halliday, of the liability apportioned to them by the Weathertight...

Personal liability of construction company directors — where is the law currently at?

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The Morton decision was a subsidence case where the plaintiffs claimed compensation for damage suffered by their dwellings, consequent upon the subsidence of the...

The importance of explanation notices with payment claims

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Tim Bates and Suzie Matheson of Auckland law firm Legal Vision examine a case where a payment claim process does not comply with the...

The District Court and High Court consider the meaning of ‘PC Sum’

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In a recent High Court decision (G Mullany v TJ Brown & Another), the court had to consider the meaning of PC sum. This...

Leaky buildings: Council fails to escape liability

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Background The plaintiffs, Peter and Patrick McNamara, purchased a home in Arney Crescent, Remuera, Auckland, soon after its completion in 2004. It became...

The liability of vendors pursuant to clause 6.2(5) of the standard Agreement for Sale...

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It is often the case that one of the named respondents in any given leaky building claim will be the party that sold the...

Buying a leaky building: Can a subsequent purchaser rely on their sale and purchase...

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The Weathertight Homes Tribunal (WHT) decision of Paul White and Wilna White v Rodney District Council & Others (TRI-2007-100-000064) involved a leaky home in...

Construction Contracts Act 2002 — Payment Claim/Payment Schedule

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The recent High Court case, Invent Solutions Ltd v Chan Developments Trustee Ltd & Others (CIV 2008-485-2834), considered whether payment claims served by the...

Revisiting payment claims under the Construction Contracts Act: Service

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The Christchurch High Court decision of Arnold Jenson (2005) Ltd v Trevor James Bills & Others (CIV-2008-409-001349) covered the issue of what constitutes valid...

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...