Tag: Legal
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...
The CCA 2002 — Payment Schedules need to indicate how the scheduled amount was...
This claim ended up in the High Court as a result of judicial review proceedings issued by Manchester Industrial Holdings Ltd alleging errors of...
Leaky building claim against council fails for being out of time
The case was brought by the council exercising the summary judgment procedure (available to defendants) on the grounds that Ms Lee’s proceeding was statute...
Carrying out building work without a building consent — Tan v Auckland Council
I wish to review the recent decision of Tan v Auckland Council. Mr Tan, the appellant, had been charged by the Auckland Council with...
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 &...
Construction Contracts Amendment Act 2015
I wish to summarise changes brought about to the Construction Contracts Act 2002 (“the Act”) by the operation of the Construction Contracts Amendment Act...
Leaky buildings — vendor/council/contractor found liable
Timothy Bates, principal of Auckland law firm Legal Vision, looks at a recent decision involving an Auckland home that suffered leaky building issues...