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...
Professional indemnity insurance — limitations to cover
In this first article for 2016 I’ll look at the recent Court of Appeal decision of JCS Cost Management Ltd v SR Johnson &...
Developers’ duty of care — the Australian approach
In contrast however, the New South Wales Courts take a different view. In the decision of the Supreme Court of New South Wales (Equity...
Mediation — promoted as ‘diametrically opposite’ to the court process?
She was critical of the following aspects of the pro-ADR argument: • Mediation is promoted as a much better alternative to court on...
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...
Fines imposed under the Building Act 1991 — a recent High Court decision
This recent decision concerns a prosecution brought by the Manukau City Council against an individual developer. Mr R faced two charges...
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...
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...
High Court consideration of retention provisions under the Construction Contracts Act 2002
By Tim Bates and Sabina Boyd, Legal Vision
In the High Court decision of Bennett & Others v Ebert Construction Ltd (In Liquidation), the court...