Leaky Buildings

Judicial Review of an adjudication quashing determination – Anderson & Anor v Swindells & McDowall Renovations Limited

In this month’s article I wish to review the decision above, which concerned an adjudication determination under the Construction Contracts Act 2002.  Judicial review is rarely available in the context of Construction Contracts Act 2002 adjudications, because if freely available, it could thwart the fast track payment provisions contained therein. Facts.  7 February 2016 Anderson [...]

Who is liable to pay for repairs to a leaking deck in an apartment block, the owners of the deck only or the unit owners below? – Body Corporate 199380 v A Cook & Ors

In this month’s article I wish to review the High Court decision of Body Corporate 199380 v A Cook & Ors, which dealt with the interpretation of two potentially conflicting sections of the Unit Titles Act 2010, and the reconciliation of that conflict. Facts.  This claim involved the Sebel Suites building located at the Viaduct [...]

Joint and several liability – Should it be replaced by proportionate liability?

In this month’s article I wish to discuss a long-standing debate as to whether the current principle of “last man standing” in multi-party litigation, ought to be replaced by some other method of joint liability assessment.  Territorial authorities and/or their insurers have often complained that this principle has led to them meeting a disproportionate amount [...]

Construction Contracts Act 2002 – Service of documents using email – What constitutes effective service?

It is now common place for many business relationship communications to be conducted predominately in email form.  Construction contracts are no exception.  Typically the key device used for the said communications are smart phones which conveniently allow these communications to take place on and off the building site.  With the advent of construction industry targeted [...]

New English decision – A contractor has an obligation to meet design objectives even if design supplied inadequate to meet design objective.

In this month’s article I wish to review the August 2017 United Kingdom Supreme Court decision of MT HA,jgaard A/S v E.ON Climate & Renewable UK Robin Rigg East Limited and another. The background MT HA,jgaard A/S (MTH) designed and installed foundational structures for two windfarms, which failed shortly after the completion of the project. [...]

Jefferson and Wilson v Straw Homes Limited and Anor

In this month’s article I wish to review the July 2017 decision of Jefferson and Wilson v Straw Homes Limited and Anor. Introduction/Summary Straw Homes Limited (S) was employed to build a home for Mr Jefferson and Ms Wilson (J). There were delays and cost overruns in the work completed by S, which J refused [...]