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...

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...

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...

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...

‘Long stop’ provisions: Making sense of the 10-year limitation period in leaky building claims

The very recent Auckland High Court decision of Kells and Kells v Auckland City Council & Others (CIV-2008-404-1812) had to consider whether the Weathertight...

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...

Factors affecting head contractor liability

This case — the High Court decision of Brett Carrington and Nicolette Carrington v David Easton and Others NZHC 2023 — was about...

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...

Accord and Satisfaction

This is an Australian Court of Appeal decision whereby the issue of Accord and Satisfaction (settlement) was considered. The builder performed residential building work...