Articles related to ‘Construction’
Monday, 5 September, 2011 | Alan Knowsley
In 1996 Mr and Mrs A moved into their newly built home. Unfortunately, that same year they noticed leaks, and water entering their house.
They decided not to pursue mediation or negotiation through the Weathertight Homes Resolution Service. Instead, they had their home repaired themselves at a total cost of almost $250,000.
Then in 2009, they brought a case to the High Court to recover the cost of… Continue reading
Monday, 7 February, 2011 | Alan Knowsley
Historic buildings protect New Zealand’s heritage. They are both valuable and irreplaceable. As such, extra care is needed when dealing with old and historic buildings. There are some extra steps that must be taken with respect to historic sites and buildings, and the consequences of getting them wrong can be substantial. Thus, it is very important to do it right when renovating or redeveloping old or historic sites and buildings… Continue reading
Monday, 20 December, 2010 | James Johnston
Under the 2004 Building Act builders need to be licenced. All builders are required to qualify for a license by meeting a number of criteria.
The criteria that are likely to be taken into consideration are:
- Building trade qualifications;
- Building experience;
- Historical problems (such as involvement in construction of leaky buildings).
Builders will also need to take steps to ensure that they keep their… Continue reading
Thursday, 18 November, 2010 | Alan Knowsley
Some of the old practices for subcontracts are prohibited under the Act which came into force on 1 April 2003 and it affects almost all construction contracts.
1. Progress Payments
Unless agreed otherwise, the new Act gives contractors the right to receive monthly progress payments whether or not these are stipulated in the contract.
2. Pay When Paid Clauses
Progress payments may not now be subject to a… Continue reading
Thursday, 18 November, 2010 | Alan Knowsley
The Act gives contractors the right to claim monthly progress payments where progress payments are not provided for in the construction contract.
However, to obtain payment under the Act payment claims must:
- Be in writing;
- Sufficiently identify the construction contract to which it relates;
- Identify the construction work and the relevant period to which it relates;
- Indicate an amount claimed
- Provide a due
Thursday, 18 November, 2010 | Alan Knowsley
Leaky homes are a concern for a lot of people. Home owners are turning their sights on any professionals involved in the construction.
In several recent cases handled by us, professionals have been named and dragged in to claims despite having little involvement with the case and nothing to do with the causes of the leaks.
To make matters worse, many professionals’ insurance policies now exclude… Continue reading
Monday, 28 June, 2010 | Alan Knowsley
The purpose of the Construction Contracts Act is to provide a simple process for how and when payments are due for construction work. By following the simple processes outlined in the Act you will avoid timely and costly disputes and maintain crucial cashflow.
Construction work is wide ranging and covers most work that might be carried out in building, altering or maintaining a house. This includes most work carried… Continue reading
Wednesday, 2 June, 2010 | Alan Knowsley
If your house is leaky and was built within the last 10 years, the clock is ticking … and the wood is rotting, you need to lodge a claim as soon as possible to take advantage of the Government’s leaky homes package.
Under the package the Government and Councils will each pay 25 percent of the total cost of repairing the leaky homes. The offer is made on the… Continue reading
Wednesday, 16 November, 2005 | James Johnston
On 30 November 2004 the first parts of the new Building Act came into force, including the introduction of a Department of Building and Housing.
This new Department has responsibility for the administration of a wide range of law in property areas including:
- The Residential Tenancies Act;
- The Unit Titles Act;
- Retirement Village legislation;
- The new Building Act.
It is described as a… Continue reading
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