The importance of explanation notices with payment claims
Tim Bates and Suzie Matheson of Auckland law firm Legal Vision examine a case where a payment claim process does not comply with the...
Judgment finds in favour of the plaintiffs — but there’s only two solvent defendants!
The Nautilus is a multi-unit residential complex situated in Orewa in close proximity to Orewa Beach.It is a 12-level mixed use development, with shops...
Personal liability of construction company directors — where is the law currently at?
The Morton decision was a subsidence case where the plaintiffs claimed compensation for damage suffered by their dwellings, consequent upon the subsidence of the...
Building policy reform — a summary of proposed MBIE changes, Part 2
Timothy Bates and Sabina Boyd of Auckland law firm Legal Vision preview more of the Ministry of Business Innovation and Employment’s proposed amendments to...
Cost fluctuation clauses in construction contracts
Timothy Bates and Bodene Robertson-Wright of Auckland law firm TM Bates & Co review and compare the Cost Fluctuation clauses used in two common...
The District Court and High Court consider the meaning of ‘PC Sum’
In a recent High Court decision (G Mullany v TJ Brown & Another), the court had to consider the meaning of PC sum. This...
Removal applications in the Weathertight Homes Tribunal — an uphill battle?
While it is up to the party seeking to be removed to prove that it is fair and appropriate that they be removed, it...
No council negligence found after CCC issued for leaky building
A recent Weathertight Homes Tribunal decision from Wellington in the Simpson Family Trust v Wellington City Council and Others case demonstrates the completeness of...
Leaky buildings, remediation contract cost escalation, and building defects
Timothy Bates and Bodene Robertson-Wright of Auckland law firm Tim Bates & Co consider how the Body Corporate of an apartment block manages to...
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...