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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...

Looking back: The LBP Board’s first appeal

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The appeal concerned a complaint originally laid by the Far North District Council against Mr Beattie. Mr Beattie was the subject ...

Leaky buildings Round 2 — council potentially caught twice for the same house despite...

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I  wish to review the recent decision of Devany & Others v Wellington City Council & Others which concerned a Wellington house in the...

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)...

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...

Judgment finds in favour of the plaintiffs — but there’s only two solvent defendants!

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The Nautilus is a multi-unit residential complex situated in Orewa in close proximity to Orewa Beach.It is a 12-level mixed use development, with shops...

BIA escapes liability in weathertightness case

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In this recent case of Body Corporate 346930 v Argon Construction Ltd & Auckland Council, the High Court was asked to consider whether the...

Solicitors sued in negligence attempt to issue third party notice against the builder?

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Facts The trust owned a property with a homestead in Queenstown. Davenports was a professional trustee for the trust and was its solicitor. The homestead suffered...

Managing director liable under the Fair Trading Act 1986

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This appeal concerned a leaky home built in early 2000 by Kingdom Residential Housing Ltd. The owners had sued the council who, in turn,...

Construction Contracts Act 2002 — Court of Appeal upholds statutory demand

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This was an appeal from a High Court decision which declined an application to set aside two statutory demands based on payment claims. The Facts Sol...