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...

Leaky buildings Round 2 — remediation consultant apportioned 60% of the liability pie

Timothy Bates, principal of Auckland law firm Legal Vision, reviews the 2014 High Court decision of BC 160361 & Others v BC 2004 Ltd...

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...

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...

Removal applications in the Weathertight Homes Tribunal — an uphill battle?

While it is up to the party seeking to be removed to prove that it is fair and appropriate that they be removed, it...

Assignment of claimants’ rights to council considered to be meddling with statutory joint tortfeasor

This case considered whether an assignment of the plaintiffs’ litigation rights to the Auckland City Council was void for being against public policy. Facts The substantive...

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...

Check your dates — and the impact of limitation periods

A useful reminder of the effect of limitation periods has emerged from the recent case of Auckland Christian Mandarin Church Trust Board v Canam...

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...

Buying a leaky building: Can a subsequent purchaser rely on their sale and purchase...

The Weathertight Homes Tribunal (WHT) decision of Paul White and Wilna White v Rodney District Council & Others (TRI-2007-100-000064) involved a leaky home in...