Posts Tagged ‘Duty of Care’

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. [...]

Factors Affecting the Liability of a Head Contractor

Timothy Bates and Sarah Wray of Auckland law firm Legal Vision discuss the recent High Court decision of Brett Carrington & Nicolette Carrington v David Easton & Ors [2013] NZHC 2023, which recaps some of the factors which affect the liability of a head contractor. This was a case about allocating responsibility for defective building [...]

Liability of Pre-Purchase House Inspectors

Timothy Bates and Sarah Wray of Auckland law firm Legal Vision discuss a recent decision of the High Court  which is a must read for pre-purchase house inspectors. In the case of Hepburn & Ors v Cunningham Contracts Ltd & Anor [2013] NZHC 210 the Plaintiffs purchased a property in reliance on a pre-purchase inspection [...]

How Far Does a Duty Of Care Extend and What is Required to Mitigate Loss?

Vodafone New Zealand Limited v M5 Investments Limited & Ors [2010] NZHC 2136 Chadleigh Danswan of Auckland law firm Legal Vision examines a recent High Court decision concerning the liability of a construction company to the lessee of premises.  Overview In April 2005, Vodafone New Zealand Limited (Vodafone) took full possession as lessee of its [...]

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 [...]

Limitation period for third party contribution

Written By: Chadleigh Danswan Chadleigh Danswan of Auckland law firm Legal Vision examines the recent High Court decision concerning limitation periods applying to third party claims for contribution. Overview On September 24, 2004, a leaky building claim was brought by the Body Corporate and unit owners of an apartment complex located at 8 Farnham Street, [...]

Sunset Terraces appeal to the Supreme Court by the North Shore City Council

Written By: Tim Bates and Chadleigh Danswan Timothy Bates and Chadleigh Danswan of Auckland law firm Legal Vision examine the North Shore City Council’s decision to appeal to the Supreme Court with regard to the council’s duty of care owed to purchasers of leaky multi-unit residential dwellings. In the High Court decision of Body Corporate [...]

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 [...]