‘Long stop’ provisions: Making sense of the 10-year limitation period in leaky building claims

The very recent Auckland High Court decision of Kells and Kells v Auckland City Council & Others (CIV-2008-404-1812) had to consider whether the Weathertight...

Unit owners claim leaky building success

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

New CCA case further vindicates Act

Marsden Villas Ltd v Wooding Construction Ltd is an interesting case under the Act because it considers in depth whether the construction company, Wooding...

Leaky building claim against council fails for being out of time

The case was brought by the council exercising the summary judgment procedure (available to defendants) on the grounds that Ms Lee’s proceeding was statute...

High Court conflict of authorities — Construction Contracts Act 2002 and statutory demands

It had been clear law following the decision of Volcanic Investments Ltd v Dempsey & Wood Civil Contractors Ltd that a set-off or counterclaim...

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

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...

What is the definition of ‘building work’?

This article examines a recent High Court decision (GPE Holdings Ltd v Tile ‘N’ Style Ltd v Ors NZHC 802) in which the...

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),...

Voidable transaction provisions of Act allow payment ‘clawbacks!’

A recent High Court decision involved TRC Consultants Ltd, an audio-visual componentry company, which was asked to pay back $55,000 worth of payments received...

Duties and obligations of an adjudicator under the CCA

The recent Auckland High Court decision of Braysse & Maren Tayler v Christoper Lahatte and Northspan Construction Ltd (CIV-2007-404-6843) illustrates the importance of adjudicators...