Residential Building Risks 2026 (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Event Date:

17 March 2026

Presenters:

CHAIR: Elise Markwick, Special Counsel, Hesketh Henry

Mark Colthart Barrister, FortyEight Shortland Barristers
Mike Kemps Special Counsel, Kemps Weir

Synopsis:

Residential construction continues to present significant legal and practical challenges amid ongoing economic pressures. Escalating costs, delays, labour shortages, and increasing insolvency among builders have heightened the risks for clients undertaking renovations or new builds.

This paper will provide a practical overview of the key legal issues arising in residential construction, with a focus on risk identification and mitigation. Topics will include the selection and suitability of contract forms in intensified urban environments, infrastructure-related obligations, and the allocation of responsibility for consents and connections. Particular attention will be given to what standard building contracts provide in relation to infrastructure - such as water supply, effluent disposal, and resource consent requirement - and how these provisions affect both developers and end purchasers.

The paper will also address common traps in residential building contracts, the importance of builder due diligence, and the implications of recent case law. Participants will gain insights into the legal protections available to clients, including warranties, insurance considerations, and contractual remedies.

These Materials will help you:

Explore how to proactively manage or mitigate adverse outcomes of common risks in residential projects.
Recognise the potential implications of recent case law developments for advising on residential contracts.

Intended Audience:

General practitioners, property lawyers and legal executives, specialist construction lawyers, and litigators who practice in this area.

On Demand Link:

Residential Building Risks (2026) (On Demand) - The Law Association