Posts Tagged ‘Adjudication’

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 [...]

Project manager plays Russian roulette with council and wins

Written By: Tim Bates Tim Bates of Auckland law firm Legal Vision presents a case where a smaller party in a leaky building claim tested the willingness of a council to proceed against it after settlement was reached with other parties. Leaky building claims often head down a well trodden track. Proceedings are issued in [...]

Lake v Bacic — Successful appeal against Weathertight Homes Tribunal decision

Written By: Tim Bates Tim Bates of Auckland law firm Legal Vision further examines duties of care in the Lake v Bacic case where a Weathertightness Homes Tribunal decision was successfully appealed The Bacics, recent immigrants to New Zealand, purchased a unit at the plan stage, in a group of eight that were constructed between [...]

WHRS Claims Builder’s Personal Liability and Contributory Negligence

In this month’s article I wish to comment upon aspects of two recent WHRS adjudications. You will remember from previous reading, that an adjudication is the next step in the leaky building process, if mediation fails. It is the step most akin to a Court hearing, and is presided over as if it was a [...]

Update on leaky buildings!

In June of 2003 I wrote an article in this magazine summarizing the types of things that had been written about “leaky buildings” in the New Zealand Herald. In this month’s addition, I wish to again summarise the articles written on this topic in the last 6 months. But firstly, I wish to report upon statistics on [...]

Weathertight Homes Resolution Services Act 2002 Adjudication

Godinich v GT Heng Co Ltd and Approved Building Certifiers Ltd. This month I wish to focus upon one of the first published adjudications from the Weathertight Homes Resolution Service. The claimants were the owners of a house in Mairangi Bay, Auckland. The house was built between January and April 2001, and they were not [...]