Posts Tagged ‘Builder’

Is consent required for a large window replacement?

In the High Court appeal of Plastertech Systems Limited (“Plastertech”) & Simply Construction Limited v Auckland Council (“the Council”), the Court was asked to determine whether Plastertech and Simply Construction were exempt from obtaining building consent for the works completed by Simply Construction. Facts. The building work In 2014 a property owner contacted Plastertech to [...]

Bulmer & Anor v Envisage Construction Limited

Can payment be withheld, and a construction contract cancelled, on the basis of incomplete work? In this month’s article I wish to review the March 2017 decision of Bulmer v Envisage Construction Limited. This decision was initially heard in the District Court, and was appealed to the High Court. Factual Background The appellants (Mr & [...]

Building Practitioners Board – Three reported decisions.

In this month’s article I wish to showcase three decisions made by the Building Practitioners Board as against 3 Licensed Building Practitioners pursuant to section 315 of the Building Act 2004.  The Building Practitioners Board is a quasi-judicial body that hears complaints made against Licensed Building Practitioners (LBP). BPB Complaint No. C1011 In this decision [...]

Can you imply into a building contract a term allowing the Owners to terminate?

Van Der Wal Builders & Contractors Ltd v Hanham [2013] NZHC 2284   Overview The claim before the High Court (M Van Der Wal Builders & Contractors Ltd v Hanham) was an appeal of a decision in the North Shore District Court. The appellant (the Builder) was contracted by the respondent (the Owners) to carry [...]

Leaky Building Claim fails against Vendor, Council and Builder.

Timothy Bates and Katrin Saran Lee of Auckland law firm Legal Vision examine a recent High Court decision (Hooft Van Huijsduijnen & Anor v Woodley & Ors [2012] NZHC 2685) in which the High Court was required to consider (on appeal), a claim in negligence against the Council, the builder, and a claim for breach [...]