High Court consideration of retention provisions under the Construction Contracts Act 2002

By Tim Bates and Sabina Boyd, Legal Vision   In the High Court decision of Bennett & Others v Ebert Construction Ltd (In Liquidation), the court...

Supplier of construction materials entitled to issue a payment claim for future works

By Tim Bates and Sabina Boyd, Legal Vision   In this month’s article we wish to review the High Court decision of NMHB Ltd v Concrete...

Judicial review of CCA determinations rare

By Timothy Bates, Legal Vision   In this month’s article I wish to review the decision of Anderson & Another v Swindells & McDowall Renovations Ltd,...

Builder fined for failing to file a ‘record of work’

By Timothy Bates and Sabina Boyd, Legal Vision   The High Court decision of the Ministry of Business Innovation and Employment (MBIE) v Bell dealt with...

Who’s liable for apartment building deck repairs?

By Tim Bates   In this month’s article I’ll review the High Court decision of Body Corporate 199380 v A Cook & Others, which dealt with...

Substantial judgement from the case of a leaky school

By Timothy Bates, Legal Vision   This month’s article concerns the May 2018 judgement of the Ministry of Education & Others v H Construction North Island Ltd. It...

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...