Weathertight Homes Resolution Services Amendment Bill under the microscope
What remedies may be claimed?
The Bill has a specifi c section 7A aimed at setting out the remedies that may be claimed. This...
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...
Supreme Court finds council owes duty of care in non-residential buildings
Originally, the owners brought the proceedings in the High Court. Their claims were struck out in the Court of Appeal, and summary judgment was...
Limitation periods
Overview Limitation periods are extremely important for those involved in a claim relating to defective building works, whether that be someone who wants...
The year in summary – Off the cuff
They include: • Does the LBP scheme expand the liability of builders and contractors? Our resounding answer was no, although they will become...
Obtaining a CCC more than just a matter of council bureaucracy?
Overview The appellant, in the case of Aldridge & Another v Hamilton City Council & Another NZHC 1784, as trustees of the...
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...
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...
The Financial Assistance Package — an opportunity?
A claim is eligible if water has penetrated the dwelling because of some aspect of the design or construction, the dwelling is damaged as...
Project manager plays Russian roulette with council and wins
Leaky building claims often head down a well trodden track. Proceedings are issued in the courts or the Tribunal, interlocutory steps are disposed of,...