Leaky building claims and limitation periods
This is a recent case reviewing a decision of a Weathertight Homes Resolution Service adjudicator. Mr Dustin was an architectural designer who undertook design...
What constitutes a project manager?
Mr Sayles had been found liable as a project manager in the Weathertight Homes Tribunal and brought an appeal on the basis that the...
Choosing the right forum for your dispute
Over the past four years or so two acts have been passed in relation to the construction industry that provide alternative dispute resolution procedures...
Liability of a cladding supplier/manufacturer
In this month’s article I focus upon a decision where the liability of a supplier/manufacturer was considered under the Consumer Guarantees Act 1993.
This was...
How to make sure you get paid for the building works you provide
Timothy Bates and Bodene Robertson-Wright of Auckland law firm Tim Bates & Co pose a debt collection fact scenario, and put forward the various...
Leaky building claim fails against vendor, council and builder
Overview This claim before the High Court (Hooft Van Huijsduijnen & Another v Woodley & Others NZHC 2685) was an appeal of...
Leaky buildings, remediation contract cost escalation, and building defects
Timothy Bates and Bodene Robertson-Wright of Auckland law firm Tim Bates & Co consider how the Body Corporate of an apartment block manages to...
Myth or reality — is fixed price the more economic method of contracting?
As a solicitor specialising in construction law, clients often ask me what form of contract they ought to enter into with builders. The...
Cost fluctuation clauses in construction contracts
Timothy Bates and Bodene Robertson-Wright of Auckland law firm TM Bates & Co review and compare the Cost Fluctuation clauses used in two common...
Property and development changes prompt review of Unit Titles Act 1972
The Department of Building and Housing is in the process of reviewing the Unit Titles Act, due to increased demand for multi-unit urban development...