Retentions — an update

In this month’s article I wish to take the reader back to the proposed changes to the retentions regime brought about by the amendments...

What is required to satisfy the requirements of Section 20(2)(e) of the CCA 2002?

In this month’s article I wish to review the recent Court of Appeal decision in C J Parker Construction Ltd (In Liquidation) v WS...

1972 decision ‘an oldie but a goodie’ — for architects anyway!

This decision was “an oldie but a goodie” for architects in the case of Miller Construction Ltd v Olsen & Another; Netten (Third Party),...

Council liable due to failure to issue an NTR

  In this month’s article I address a new leaky building decision in the case of Lee & Lee v Auckland Council which went on...

Construction Contracts Act 2002 — Are resubmitted invoices capable of being payment claims?

  This decision was a claim that started as a summary judgment application in the District Court where summary judgment was declined. It ended up...

Leaky schools — can the Minister of Education sustain a negligence claim against CHH?

  This claim arose from the Government’s use of a cladding product known as Shadowclad in schools throughout New Zealand. This product was manufactured by Carter...

Modular home — letter of credit and status of deposit paid

Proceedings were issued by Ecotech to set aside a statutory demand that had been issued against it by one of its clients, Mr Baumann...

Liability of a cladding supplier/manufacturer

In this month’s article I focus upon a decision where the liability of a supplier/manufacturer was considered under the Consumer Guarantees Act 1993. This was...

Companies may not survive sudden CCA 2002 retentions regime changes next year

In his article last month, Mike Fox brought to the attention of readers his concerns with the amendments made to the Construction Contracts Act...

Leaky buildings Round 2 — remediation consultant apportioned 60% of the liability pie

Timothy Bates, principal of Auckland law firm Legal Vision, reviews the 2014 High Court decision of BC 160361 & Others v BC 2004 Ltd...