Developers’ duty of care — the Australian approach

In contrast however, the New South Wales Courts take a different view. In the decision of the Supreme Court of New South Wales (Equity...

Construction Contracts Act 2002 — can a single payment schedule be used to answer...

In this month’s article I wish to review the June 2017 decision of Lot 8 Investment Ltd v RPS Construction Ltd.   Background The applicant, Lot 8...

The importance of explanation notices with payment claims

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

CCA — ‘residential occupier’ has to occupy the premises!

The recent High Court decision of Welsh v Gunac South Auckland Ltd serves as a timely reminder as to the power of the Construction...

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...

Appeal to the High Court of adjudicator’s determination in the WHRS — Contributory Negligence

The recent case of Hartley & Hartley v Balemi and Others concerned one of the first appeals from an adjudicator’s determination in the WHRS....

The BPB — three reported decisions

The Building Practitioners Board is a quasi-judicial body that hears complaints made against Licensed Building Practitioners. BPB Complaint No C1011 ...

Accord and Satisfaction

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

1972 decision ‘an oldie but a goodie’ — for architects anyway!

This decision was “an oldie but a goodie” for architects in the case of Miller Construction Ltd v Olsen & Another; Netten (Third Party),...

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

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