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Our lawyers keep up with the latest trends and issues in New Zealand law and business, and regularly publish articles and reports on current topics.

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Personal liability of builders

Written by Mark Sullivan PARTNER; Sarah McNulty SENIOR LAWYER on November 15th, 2021.    

A builder has a personal duty of care to meet the standards of a “reasonable” builder when engaging in building work. This article touches upon two aspects relevant to this duty:
  • When will a builder be personally liable for defective building work?  In other words, can they ‘hide’ behind their company to escape personal liability?
  • Does a builder have a duty to comply with the building consent or the Building Code?
 

UPDATE- COVID-19 RESPONSE Legislation Bill- Commercial Leases 

Written by David Alizade, PARTNER; Darryl King, PARTNER; Kelly Seabourne, PARTNER on November 3rd, 2021.    

Recently we provided guidance in relation to the COVID-19 Response (Management Measures) Legislation Bill (Bill) which was introduced to Parliament on 28 September 2021.

As a reminder, the Bill seeks to amend a range of different Acts, including the Property Law Act 2007 (PLA). The stated aims of the proposed amendments included in the Bill are to support commercial tenants and landlords to come to agreements to adjust the rent (including outgoings) due under their leases, so that the parties share the financial burden of the COVID-19 response and to provide a way to resolve disputes if no agreement can be reached. The way that this is to be achieved is by the insertion of an additional contractual term, similar to clause 27.5 of the ADLS lease, into leases that do not contain that clause. A copy of our previous guidance on the Bill from September 2021 can be found on our website.
 
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