Construction Contracts Act 2002 — Payment Claim/Payment Schedule

The recent High Court case, Invent Solutions Ltd v Chan Developments Trustee Ltd & Others (CIV 2008-485-2834), considered whether payment claims served by the...

Judicial review — not to be used as a means of appeal of an...

To start the new year, I’ll review the very recent decision of Body Corporate 200012 v BP Keene QC & Others where a body...

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...

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...

Unit owners claim leaky building success

Tim Bates of Auckland law firm Legal Vision summarises some important principles that have come out of the latest leaky building claim to be...

Personal liability of trustees

In a recent appeal from the District Court, Justice Potter unequivocally overturns a District Court decision, holding the trustees personally liable, even where these...

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...

Building Act 2004 – Building (Residential Consumer Rights and Remedies) Regulations 2014 – Are...

In this month’s ar ticle I wish to firstly remind you that as of January 1, 2015, the Building (Residential Consumer Rights and Remedies)...

Two more cases on the Construction Contracts Act

This was an appeal from a District Court decision declining summary judgment on a payment claim. West City was a construction company and Mr...

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...