Can you imply into a building contract a term allowing the owners to terminate?
Timothy Bates and Carlo Wan of Auckland law firm Legal Vision examine a recent High Court decision in which the High Court was required...
Leaky schools — can the Minister of Education sustain a negligence claim against CHH?
This claim arose from the Government’s use of a cladding product known as Shadowclad in schools throughout New Zealand.
This product was manufactured by Carter...
Looking back: The LBP Board’s first appeal
The appeal concerned a complaint originally laid by the Far North District Council against Mr Beattie. Mr Beattie was the subject ...
Choosing the right forum for your dispute
Over the past four years or so two acts have been passed in relation to the construction industry that provide alternative dispute resolution procedures...
Bergin & Bergin v North Shore City Council & Others: Individuals behind developer companies
This High Court decision concerned a townhouse in Long Bay, Auckland. The second defendants had brought a claim for summary judgment against the plaintiffs...
Limitation Act 2010 — does ‘late knowledge’ run from the first expert’s report or...
Timothy Bates of Auckland law firm TM Bates & Co examines the decision of Rea & Rea v 360 Degrees Ltd which explores the...
Causation — the difference between an award of cost for full re-clad and targeted...
This case — Chee v Stareast Investment Ltd (2012) NZHC 133 — involved an interim determination concerning an appeal by the Chees against the...
Developers’ duty of care — the Australian approach
In contrast however, the New South Wales Courts take a different view. In the decision of the Supreme Court of New South Wales (Equity...
What is the definition of ‘building work’?
This article examines a recent High Court decision (GPE Holdings Ltd v Tile ‘N’ Style Ltd v Ors NZHC 802) in which the...
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...