Earthquake reports and negligent misstatement

Timothy Bates and Sabine Boyd of Auckland law firm Legal Vision discuss a case dealing with negligent misstatement...

Window flashings — builder not negligent

The council was unsuccessful in the Tribunal and appealed to the High Court. In 2000/2001 Mr Lamb had been contracted to install windows...

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...

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...

Directors’ personal liability — new leaky buildings cases

You may have noted in the New Zealand Herald recently, two cases reported of directors of development companies being held personally liable for water...

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...

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...

Defaulting on building supply contracts – the supplier gets the money and the joinery...

The case MJN McNaughton Ltd (“MJN”) had manufactured and delivered timber joinery to a building site of a residential building that Nikau...

Construction Contracts Act 2002 — can a single payment schedule be used to answer...

In this month’s article I wish to review the June 2017 decision of Lot 8 Investment Ltd v RPS Construction Ltd.   Background The applicant, Lot 8...

Causation — the difference between an award of cost for full re-clad and targeted...

This case — Chee v Stareast Investment Ltd (2012) NZHC 133 — involved an interim determination concerning an appeal by the Chees against the...