This On Demand was recorded on 19 October 2021.

New Zealand’s building boom over the past few decades has generated a multitude of claims over poor workmanship. Buildings that remain unrepaired, or are the subject of faulty remedial work, nevertheless continue to be bought and sold. This On Demand provides a guide to navigating defective building disputes (from the perspectives of both counsel for plaintiff and defendant) having regard to current issues, and in the context of recent and key case law.

Who should view?

Building and construction lawyers, property lawyers, civil litigators and general practitioners.

Learning Outcomes

Learn about:

• Who a claim can be brought against. This On Demand will consider the liability of:
• Builders
• Territorial authorities
• Professionals
• Subcontractors
• Directors
• Manufacturers of building materials
• Vendors and agents
• Pre-purchase inspectors
• How best to go about bringing a building defect claim, and what can and can’t be claimed for
• The role of experts
• Quantification and damages
• Defending building defects claims:
• Liability issues
• Contribution between defendants ǀ third party claims
• Limitation periods
• Contractual exclusion clauses ǀ disclaimers
• Failure to mitigate ǀ contributory negligence
• Betterment
• The role of liability insurance

Presenter Details

Presenter

Andrew Hough | Partner, Grimshaw & Co

Presenter

Michael Thornton | Principal, Michael Thornton, Barrister and Solicitor

Presenter

Shyrelle Mitchell | Partner, Heaney and Partners

Presenter

Kiri Harkess | Partner, McElroys