Can you imply into a building contract a term allowing the owners to terminate?

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Timothy Bates and Carlo Wan of Auckland law firm Legal Vision examine a recent High Court decision in which the High Court was required...

Case of the failed exclusion clause!

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The recent Auckland High Court case — Body Corporate No. 205963 & Others v Leuschke Group Architects Ltd (in Liquidation) & Others (CIV-2006-404-5572) —...

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

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

New CCA case further vindicates Act

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Marsden Villas Ltd v Wooding Construction Ltd is an interesting case under the Act because it considers in depth whether the construction company, Wooding...

Can council inspection delays result in successful negligence claims?

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For various reasons, it is not uncommon for there to be long delays between construction of a building and final inspections and the issue...

The BPB — three reported decisions

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The Building Practitioners Board is a quasi-judicial body that hears complaints made against Licensed Building Practitioners. BPB Complaint No C1011 ...

Managing director liable under the Fair Trading Act 1986

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

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

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

Leaky building claim against council fails for being out of time

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The case was brought by the council exercising the summary judgment procedure (available to defendants) on the grounds that Ms Lee’s proceeding was statute...

Construction Contracts Amendment Act 2015

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I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by the operation of the Construction Contracts Amendment Act...