The Ministry of Business, Innovation & Employment (MBIE) is currently consulting on a range of proposed reforms to building law. One area of consultation relates to the allocation of risk and liability in the building sector. One option being considered is a requirement for builders to offer guarantee and insurance products for all residential new builds and for significant alterations. MBIE has also considered, and at this stage rejected, changes to the liability regime for building consent authorities.
The recent enforced receivership of national construction firm Ebert Construction has thrust receiverships back into the spotlight. With some 95 staff laid off and creditors owed around $40 million, the consequences of a high-profile company being forced into a receivership are apparent. Nonetheless, many people involved in the construction industry, and the general public, may have little knowledge of what a receivership entails.
Jonathan Pow and Isabella van Woerkom discuss the recent Supreme Court decision in Southland Indoor Leisure Centre Charitable Trust v Invercargill City Council.
As discussed in our previous articles Impact of Health and Safety Reforms at Governance Level and Government Announces Law Reform Package for Workplace Safety, the Government’s “Working Safer” package aims to significantly reform New Zealand’s Health and Safety law.
One of the most fundamental components of this change will be the introduction of entirely new legislation. This will replace the Health and Safety in Employment Act 1992 (HSE).
Building your dream home should not be a nightmare. With the right advice and information building a house can be a smoother process.
When going into bat for commercial clients to help maximise their earthquake insurance claims, two things are vital: information and tenacity.
An insurer, under usual replacement insurance policy terms, has to reinstate a building. Typically the insurer will, as part of this, have to comply with building requirements applying at the time of reinstatement.
The key to putting together a solid project with good prospects of success in the current environment is to thoroughly prepare in advance, understand what the risks to the project might be, and take a practical approach to allocating those risks across the parties involved.
The hurdle is very high for showing a lease has been frustrated, so almost all leases contain a break clause. At least in theory a break clause is more workable than the law of frustration as the break terms can be spelt out.
The Canterbury earthquakes have thrown up many things to be learnt. This article highlights some key things to consider when planning a new commercial building contract. These issues apply wherever the building is to be located in New Zealand.
In the aftermath of the Christchurch earthquakes many building owners, tenants, developers, and even lawyers have turned to their leases in an attempt to figure out exactly what they happens in a disaster.
The earthquakes have shown up weaknesses in commercial leases used across New Zealand.
The Unit Titles Act 2010 (the "New Act") came in to force on 20 June 2011. This new Act replaces the outdated Unit Titles Act 1972 and brings with it some significant changes.
Recently I visited one of the world's greenest buildings. My colleague, Jared Ormsby, and I recently visited one of the world's greenest skyscrapers, One Bryant Park in New York.
The Canterbury earthquakes have given rise to more than just seismic aftershocks. The legal consequences are only just beginning to be felt. Issues have been raised that have not been considered before and from which there are no easy answers.
The vendor wants it, the agent wants it more and the buyer cannot find it. Is it important? Jonathan Gillard, partner with the Christchurch Lawlink firm of Wynn Williams, looks at the issues and tells us why collecting a deposit is so important to the vendor.