Joint and several liability — should it be replaced with proportionate liability?

By Timothy Bates of Auckland law firm Legal Vision   In this month’s article I wish to discuss a long-standing debate as to whether the current...

The Building Act 2004 — a refresher course

In this month’s article, I wish to review several of the key provisions of the Building Act 2004. Section 8 defines “building”, and sets out...

Council’s leisure centre liability reimposed by Supreme Court

In this month’s article I wish to revisit the case of Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council that I have...

Judicial review — not to be used as a means of appeal of an...

To start the new year, I’ll review the very recent decision of Body Corporate 200012 v BP Keene QC & Others where a body...

What constitutes effective service of key legal documents?

It is now commonplace for many business relationship communications to be conducted predominantly in email form. Construction contracts are no exception. Typically, the key device...

Decision clarifies who is liable for meeting design objectives

Under review this month is the August 2017 United Kingdom Supreme Court decision of MT HA,jgaard A/S v E.ON Climate & Renewable UK Robin...

Construction Contracts Act 2002 — can a single payment schedule be used to answer...

In this month’s article I wish to review the June 2017 decision of Lot 8 Investment Ltd v RPS Construction Ltd.   Background The applicant, Lot 8...

The CCA and the case of the disputed flooring invoice

Floorman Waikato Ltd (F) was engaged by Jonathan McRae (M) to sand and coat his floors. F said that different options and pricing for...

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,...

Can payment be withheld, and a construction contract cancelled, on the basis of incomplete...

In this month’s article I wish to review the March 2017 decision of Bulmer v Envisage Construction Ltd. This decision was initially heard in...