New Court of Appeal decision — Blain v Evan Jones Construction Ltd

The fact surrounding this case were as follows: • The Greymouth District Council entered into a construction contract whereby Evan Jones Construction Ltd...

Mediation — promoted as ‘diametrically opposite’ to the court process?

She was critical of the following aspects of the pro-ADR argument: • Mediation is promoted as a much better alternative to court on...

Strict on striking out — prepare your oppositions carefully

The High Court has recently considered the scope of the Weathertight Homes Tribunal in removing parties from proceedings. The result certainly raises the...

Can individual building inspectors be sued in their individual capacities for negligence?

This case — Body Corporate 318596 v Mathis NZHC 373 — involved an application by the employees of Bay Building Certifiers Ltd (BBC)...

Check your dates — and the impact of limitation periods

A useful reminder of the effect of limitation periods has emerged from the recent case of Auckland Christian Mandarin Church Trust Board v Canam...

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

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...

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...

Cashflow — the lifeblood of the construction industry

Although the Tribunal can be a very cheap dispute resolution mechanism, one of the disadvantages can be that it is not bound by the...

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...

Building suppliers potentially liable to end users in negligence/Consumer Guarantees Act 1993

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...