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)...

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...

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...

Independent building certifiers

McNamara, in their capacity as trustees, purchased a house in Remuera, Auckland, just after it had been built in 2004. The house leaked. ...

Lake v Bacic — Successful appeal against Weathertight Homes Tribunal decision

The Bacics, recent immigrants to New Zealand, purchased a unit at the plan stage, in a group of eight that were constructed between 1998...

How far does a duty of care extend and what is required to mitigate...

September 29, 2004, but practical completion did not occur until April 4, 2005. In the latter part of 2004, as a result of...

Managing director liable under the Fair Trading Act 1986

This appeal concerned a leaky home built in early 2000 by Kingdom Residential Housing Ltd. The owners had sued the council who, in turn,...

Limitation period for third party contribution

Overview On September 24, 2004, a leaky building claim was brought by the Body Corporate and unit owners of an apartment complex located...

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...

The Byron Avenue decision

On 22 March 2010, the Court of Appeal upheld the High Court judgment of Justice Venning in Body Corporate No. 189855 and Others v...