Obtaining a CCC more than just a matter of council bureaucracy?

Overview The appellant, in the case of Aldridge & Another v Hamilton City Council & Another NZHC 1784, as trustees of 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. ...

Let builders beware — duties of care arising from labour-only contracts

Background The High Court was considering an appeal by the builders, Boyd and Halliday, of the liability apportioned to them by the Weathertight...

BIA escapes liability in weathertightness case

In this recent case of Body Corporate 346930 v Argon Construction Ltd & Auckland Council, the High Court was asked to consider whether the...

The liability of vendors pursuant to clause 6.2(5) of the standard Agreement for Sale...

It is often the case that one of the named respondents in any given leaky building claim will be the party that sold the...

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...

The District Court and High Court consider the meaning of ‘PC Sum’

In a recent High Court decision (G Mullany v TJ Brown & Another), the court had to consider the meaning of PC sum. This...

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...

Personal liability of trustees

In a recent appeal from the District Court, Justice Potter unequivocally overturns a District Court decision, holding the trustees personally liable, even where these...

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,...