Subcontractor not found liable to principal in absence of contract
The Auckland High Court decision of Justice Keane in Northern Clinic Medical & Surgical Centre Ltd v P S Kingston & Others (CIV-2006-404-000968) explored...
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...
The CCA 2002 — you need a provable contract first to take the benefits...
The day before MVDW was due to start building work on the defendants’ property, the defendants advised they wished to delay commencement of the...
Mediation — promoted as ‘diametrically opposite’ to the court process?
She was critical of the following aspects of the pro-ADR argument: • Mediation is promoted as a much better alternative to court on...
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...
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,...
Sunset Terraces — a multi-unit leaky building claim makes it to the High Court
Sunset Terraces is a residential complex situated in Sunset Road, Mairangi Bay. It is a linear unit title development comprising 21 townhouses, each of...
Building policy reform — a summary of proposed MBIE changes, Part 1
Timothy Bates of Auckland law firm Legal Vision previews some of the proposed amendments to the Building Act 2004.
In this month’s article I’ll preview...
High Court considers negligence and misleading conduct for supply of building materials and specifications
By Tim Bates and Sabina Boyd, Legal Vision
In the High Court decision of Urlich v Far North District Council and others (“the council”), the...
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...