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Package includes:

On Demand Module  l  Booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 90 minutes
1.5
CPD HRS

The leaky building crisis is far from over. Thousands of New Zealanders continue to be seriously affected by the discovery that they own or have bought a leaky building that attempted repairs have failed. This webinar discusses some of the recovery options and recent legal developments in this area.

The leaky home crisis has not diminished over recent years, with significant numbers of homeowners continuing to discover they own a “leaky home”. Claims against construction parties are increasingly captured by a limitation defence, however recovery options remain. Product liability claims, claims for negligent repairs and vendor liability issues are arising with increasing frequency.

This module will explore these key topics and will provide some practical advice on liability issues and avenues for recovery for leaky home owners.

Topics covered will include:
  • Product liability claims for systemic defects and “class actions”
  • Recent judicial discussion on the “duty to warn”
  • Liability for negligent repairs
  • The sale of leaky homes – disclosure obligations, due diligence and claims in misrepresentation
  • Relevant limitation periods – the Building Act(s), Limitation Act(s) and the recent Supreme Court decision in Lee v Whangarei District Council
  • Some practical guidance on assessing potential avenues for recovery
  • Recent case law.

Please contact us if you use a dial up internet connection.

Learning objectives

After this module you will:

  • Have an understanding of the framework for product liability claims and class actions in the “leaky building” context.
  • Be better placed to identify and advise clients on potential liability issues and avenues for recovery.
  • Understand the implications and effect of relevant limitation periods.
  • Be updated on the relevant recent case law.

Electronic Booklet

Authors: Dan Parker, James Wollerman
Published: 8 May 2017
Pages: 26

Introduction

The leaky building crisis continues to affect thousands of New Zealand homeowners and is far from over.

Many leaky buildings throughout New Zealand remain unrepaired or have been the subject of inadequate or faulty remedial work. Those buildings continue to be bought and sold and homeowners later discover that they have purchased or own a leaky home, or that repairs to their home have failed.

Often the full extent of the problem will not be uncovered by the homeowners for many years as the defects are typically latent. This has resulted in a number of claims now falling outside the 10 year limitation longstop provision in the Building Act/s 1991 and 2004.

As a result, owners of leaky homes must consider other potential avenues for recovery. Recovery options will often remain for faulty repair work, or against parties involved in the sale and purchase transaction including vendors, Real Estate Agents, and pre-purchase inspectors. (continued...)

PowerPoint Presentation

These are the slides included in the presentation.

Dan Parker 2017 James Wollerman 2017
Dan Parker
Parker & Associates
Wellington		 James Wollerman
Parker & Associates
Wellington

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