Disputed long-term painting contract finally settled

This case involved an application for summary judgment by the plaintiff, Service Painting and Building Co Pty Ltd (SPB), claiming the sum of $140,618.77,...

Leaky buildings: Council fails to escape liability

Background The plaintiffs, Peter and Patrick McNamara, purchased a home in Arney Crescent, Remuera, Auckland, soon after its completion in 2004. It became...

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. ...

Leaky buildings — vendor/council/contractor found liable

Timothy Bates, principal of Auckland law firm Legal Vision, looks at a recent decision involving an Auckland home that suffered leaky building issues...

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...

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...

What is the legal effect of a performance bond?

Background In May 2004 QPAM entered into a design and construction contract with Mainzeal to design, construct, commission and maintain the Vector Arena. The contract value...

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,...

Personal liability of construction company directors — where is the law currently at?

The Morton decision was a subsidence case where the plaintiffs claimed compensation for damage suffered by their dwellings, consequent upon the subsidence of the...

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...