Posts Tagged ‘Negligence’

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. [...]

Jefferson and Wilson v Straw Homes Limited and Anor

In this month’s article I wish to review the July 2017 decision of Jefferson and Wilson v Straw Homes Limited and Anor. Introduction/Summary Straw Homes Limited (S) was employed to build a home for Mr Jefferson and Ms Wilson (J). There were delays and cost overruns in the work completed by S, which J refused [...]

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 [...]

Building suppliers potentially liable to end users in negligence/Consumer Guarantees Act 1993.

Carter Holt Harvey Limited v Minister of Education. In this month’s article, I wish to summarise the key findings contained in the aforementioned Court of Appeal decision.  Facts. Many schools located around New Zealand owned or administered by the Ministry of Education have been affected by weathertightness.  The Ministry filed a product liability claim in [...]

Solicitors sued in negligence attempt to issue third party notice against Builder?

Coutts & Anderson as Trustees of the Barley Station Trust v Davenports Harbour Lawyers & Ors In this 2012 decision the Court was asked to rule on whether a third party claim issued by the Solicitors against a builder ought to be struck out.  Facts.  The trust owned a property with a homestead in Queenstown.  [...]