Longer opt-in period for leaky building class action

The Court of Appeal has allowed a representative class action against James Hardie New Zealand, for inherent defects in its ‘Harditex’ and ‘Titan Board’ cladding systems that allegedly contributed to a large number of leaky homes. The class action alleges that James Hardie was both negligent in its manufacture of the cladding systems, and breached…

Boom, bust, or crystal ball gazing?

This blog post is written by Ariana Stuart, a Senior Associate in Kensington Swan’s Construction and Major Projects team. Yet another report has been released considering the current construction ‘boom’. MBIE has released its National Construction Pipeline Report 2017  forecasting building and construction activity. Of note, is that MBIE has forecast the construction boom to…

A Win(d) for Fitness for Purpose

The UK Supreme Court has delivered its verdict on the long-running dispute over foundation issues at the Robin Rigg offshore wind farm. The 174MW wind farm, which is positioned between Scotland and England, experienced issues shortly after completion by Danish contractor MT Højgaard. The contract expressly required the foundations to have a lifetime of 20…

Reasonable endeavours – Is it even a thing?

Yes it is. A recent UK case has examined the phrase ‘reasonable endeavours’ in relation to contractual obligations. It is common for contracts to require a party to use reasonable endeavours to achieve an outcome. When that desired outcome is achieved there is no issue. However, when the outcome is not achieved parties may allege…

Think twice before demanding

A recent judgment by Associate Judge Christiansen serves as a reminder that statutory demand on a “payment claim no payment schedule” basis should only be made where there is a clear debt due. In Lot 8 Investment Ltd v RPS Construction Ltd [2017] NZHC 1400, RPS Construction Limited had served a statutory demand on Lot 8 Investment…