Navigating Defective Building Litigation (Paper)

Presenters:

Andrew Hough, Partner, Grimshaw & Co
Michael Thornton, Principal, Michael Thornton, Barrister and Solicitor
Shyrelle Mitchell, Partner, Heaney and Partners
Kiri Harkess, Partner, McElroys

Synopsis:

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. These materials provide 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.

These materials will help you:

Learn about:

• Who a claim can be brought against. This seminar 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