Posts Tagged ‘Builder’

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 [...]

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 [...]