Leaky Buildings

Floorman Waikato Limited v Jonathan McRae

In this month’s article I wish to review the May 2017 decision of Floorman Waikato Limited v Jonathan McRae. Background/Dispute Floorman Waikato Limited (F) was engaged by Mr McRae (M) to sand and coat his floors. F said that different options and pricing for flooring were discussed and said that he could not determine which [...]

Retentions – Update

In this month’s article I wish to take the reader back to the proposed changes to the retentions regime brought about by the amendments to the Construction Contracts Act 2002.  I have previously identified these changes in earlier articles in this column, most recently in my July 2016 article entitled “Companies may not survive sudden [...]

Lee & Lee v Auckland Council: Council negligent by omission to issue a Notice to Rectify

In this month’s article I address a new leaky building decision which went on appeal to the High Court from the Weathertight Homes Tribunal (WHT).  I summarise the facts of this decision below:- GIL was the developer and head contractor of this house which was constructed in 2002/2003; The consent plans detailed a solid plaster [...]

Construction Contracts Act 2002 – Are resubmitted invoices capable of being payment claims?

I wish to review the September 2016 decision of Auckland Electrical Solutions Limited v The Warrington Group Limited.  This was a claim that started as a summary judgment application in the District Court where summary judgment was declined.  It ended up before Justice Downs in the High Court. Factual background.  The Appellant (Auckland Electrical) sent [...]

Leaky building round 2 – Remediation Consultant apportioned 60% of the liability pie.

BC 160361 & Ors v BC 2004 Limited & Ors In this month’s article I wish to review a 2014 High Court decision which considered relative responsibilities of Council, Builder and a Building Consultant for the losses arising from a failed leaky building repair. Background. Fleetwood Apartments suffered from systemic leaky building syndrome.  The Body [...]

Leaky building claim against Council fails for being out of time.

Lee v Whangarei District Council & Anor In this month’s article I wish to summarise the findings in the decision of Lee v Whangarei District Council & Anor.  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 barred pursuant to [...]