Weathertight Homes Resolution Services Amendment Bill under the microscope
What remedies may be claimed?
The Bill has a specifi c section 7A aimed at setting out the remedies that may be claimed. This...
The Byron Avenue decision
On 22 March 2010, the Court of Appeal upheld the High Court judgment of Justice Venning in Body Corporate No. 189855 and Others v...
Can a notice to fix be served on non-compliant works carried out by a...
Tim Bates and Fiona Dobroshi of Auckland legal firm TM Bates & Co look at the case of Waikato Regional Council v The District...
Revisiting payment claims under the Construction Contracts Act: Service
The Christchurch High Court decision of Arnold Jenson (2005) Ltd v Trevor James Bills & Others (CIV-2008-409-001349) covered the issue of what constitutes valid...
Breach of contract?
According to Judge Fogerty, it was plain that Smeaton never contracted the responsibility for the formula for the mix and its placing to GPL....
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...
Are you a “developer”?
The definition of a “developer” is a critical issue because if an individual is labelled “developer”, they are said to then owe a non-delegable...
Lake v Bacic — Successful appeal against Weathertight Homes Tribunal decision
The Bacics, recent immigrants to New Zealand, purchased a unit at the plan stage, in a group of eight that were constructed between 1998...
Can council inspection delays result in successful negligence claims?
For various reasons, it is not uncommon for there to be long delays between construction of a building and final inspections and the issue...
Volcanic eruption in High Court
The High Court in Volcanic Investments Limited1 v Dempsey & Wood Civil Contractors Ltd has signalled a departure from the conservative approach of the...