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...

New Court of Appeal decision — Blain v Evan Jones Construction Ltd

The fact surrounding this case were as follows: • The Greymouth District Council entered into a construction contract whereby Evan Jones Construction Ltd...

The LBP scheme — what sort of liability exposure will accompany it?

The Licensed Building Practitioner scheme comes into force on March 1, 2012. In broad terms the scheme was set up with the aim...

Carrying out building work without a building consent — Tan v Auckland Council

I wish to review the recent decision of Tan v Auckland Council. Mr Tan, the appellant, had been charged by the Auckland Council with...

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...

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...

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...

The CCA 2002 — Payment Schedules need to indicate how the scheduled amount was...

This claim ended up in the High Court as a result of judicial review proceedings issued by Manchester Industrial Holdings Ltd alleging errors of...

Dicks v Hobson Swan Construction & Others

No doubt most readers are now aware of the decision of Dicks and its implications for the Waitakere City Council. It has received plenty...