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...

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...

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...

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...

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...

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...

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...

Research shows project management salaries growing despite recession

Amid a global economic climate plagued by high unemployment and a continued lack of organisational resources, the Project Management Institute (PMI) has good news...

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...