By Karen Shaw
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1 April 2012, Build 129
When it comes to duty of care cases involving commercial property owners, recent Court of Appeal decisions indicate that, unlike councils, construction industry parties may have a duty of care to commercial property owners.
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By Karen Shaw
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1 December 2013, Build 139
Complaints laid against licensed building practitioners should be treated seriously. There is a formal process to hear the complaint, and to date, there is only one reported instance of an appeal against a finding.
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By Karen Shaw
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1 February 2015, Build 146
Communications about payment schedules can be electronic or snail mail. For the Courts, the form of the written communication isn’t an issue, but a failure to meet some key requirements may be.
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By Karen Shaw
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1 February 2018, Build 164
A recent High Court decision reminds us that parties have to be careful when issuing statutory demands. In a case of improper use, the debt was in dispute and a debt collection agency was involved.
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By Mike McDrury
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1 December 2018, Build 169
In a welcome move, the government has cleared up some of the issues thrown up by the implementation of the bright-line test.
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By Stuart Robertson, Ossama Mohamed
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1 April 2021, Build 183, Feature article
Building defects causing weathertightness issues are still prominent today, although some causes have changed over the years. Remediation costs are higher than ever, and the importance of determining liability continues to be critical.
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By Karen Shaw
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1 August 2012, Build 131
Although a timber joinery manufacturer was not paid for goods it supplied and it held the joinery in storage, the High Court found that the company could sue for the price of the joinery because the ownership of the goods had passed.
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By Karen Shaw
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1 June 2013, Build 136
Changes to the Construction Contracts Act 2002 are expected to come into force towards the end of the year, so contractors should prepare now.
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By Karen Shaw
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1 August 2015, Build 149
Creditors are the beneficiaries following recent Court rulings clarifying the Companies Act 1993 section 296 defence for voidable transactions and the continuing business relationship test.
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By Deborah Hart
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1 February 2019, Build 170
Choosing the right style of professional resolution to the growing number of disagreements and stand-offs in the current booming construction sector is key.
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