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Timing is everything

By Karen Shaw 1 August 2013, Build 137

At what point is a property defined as built? Who can and who cannot use the 10-year limitation period as a defence? The courts have continued to refine the answers to these questions in several recent cases.

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Leaky cases

By Karen Shaw 1 October 2013, Build 138

New Zealand Courts will be tied up for years with litigation around leaky buildings. Often the issue involves considering just who bears liability.

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Leaky homes lesson

By Karen Shaw 1 April 2014, Build 141

The Court of Appeal has reinforced the importance of buyers taking prudent steps before buying a property. In this case, it found the buyers took a gamble buying a suspected leaky house without a building report.

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10 years not always a limitation

By Karen Shaw 1 December 2010, Build 121

Under the Building Act, claimants have 10 years to bring legal proceedings against third parties for an act or omission related to building work – the so-called limitation defence. But weathertight home proceedings may be different – they stop the clock for all parties.

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Buying a problem

By Karen Shaw 1 February 2012, Build 128

A recent Weathertight Homes Tribunal case found that a homeowner who learns that a property has defects before completing a purchase is unlikely to be able to complain about those defects at a later date.

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