Case Law Archives - Building Disputes Tribunal

When you think the amount of your personal guarantee had a limit – but it didn’t.

by Virginia Bonanni | Dec 22, 2021 | Adjudication, Building, BuildLaw, Case Law, Construction, Contract law, Payment claims

In a recent Court of Appeal case, Cancian v Carters [2021] NZCA 397, Carters sought to enforce a personal guarantee against Mr Canican. The Court dismissed an argument from Mr Cancian that Carters had not notified him that that the limit on his personal guarantee had...

Class-action lawsuit against Harditex cladding fails

by Virginia Bonanni | Aug 13, 2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims

By Melissa Perkin. A second class-action lawsuit[1] brought by a group of 144 homeowners whose homes were clad in Harditex fibre-cement cladding, has failed. The homeowners alleged that Harditex manufacturer James Hardie, between 1987 – 2005, knowingly sold defective...

Overhaul of Resource Management System

by Virginia Bonanni | Apr 11, 2021 | Building, Case Law, Construction

By Belinda Green. “Urban areas are struggling to keep pace with population growth and the need for affordable housing. Water quality is deteriorating, biodiversity is diminishing and there is an urgent need to reduce carbon emissions and adapt to climate...

Assessing sums payable in the absence of a contract: Electrix Limited v The Fletcher Construction Company Limited [2020] NZHC 918

by Catherine Green | May 13, 2020 | Building, Case Law, Construction

Authored by Michael Taylor, Joanna Trezise (Russell McVeagh), and Belinda Green (NZDRC) In a decision released on 6 May 2020, the High Court ordered The Fletcher Construction Company Limited to pay its subcontractor Electrix Limited about $7.5 million, plus GST and...