CCA: Payment claims and the residential occupier
The recent High Court decision of Justice Wylie in Berg v Franix Construction Limited (CIV2008-404-3421) once again highlights that, in order for contractors to...
Retentions — an update
In this month’s article I wish to take the reader back to the proposed changes to the retentions regime brought about by the amendments...
Leaky home owner’s claim reduced by 70% for contributory negligence
In assessing the question of contributory negligence in the case of Johnson v Auckland Council, the High Court considered whether a purchaser could simply...
Liability of pre-purchase house inspectors
In the case of Hepburn & Others v Cunningham Contracts Ltd & Another NZHC 210, the plaintiffs purchased a property in reliance on...
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...
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...
Judicial review of determinations made under the Construction Contracts Act 2002
Overview In Rees v Firth & Anor NZCA 668, the Court of Appeal was called upon to consider what approach should...
Revisiting payment claims under the Construction Contracts Act: Service
The Christchurch High Court decision of Arnold Jenson (2005) Ltd v Trevor James Bills & Others (CIV-2008-409-001349) covered the issue of what constitutes valid...
Can a claim be brought against the BIA?
One party that many commentators have said ought to bear some responsibility for the leaky building problem is the former Building Industry Authority (BIA)....
Limitation – leaky home owner left without a claim
The recent High Court decision of Associate Judge Doogue in Lawrence Bunting & Sara-Jane Gardner v Auckland City Council found the owners of a...