Equitable Liens Revisited
Podular (Francis v Gross) was appealed to the Court of Appeal ([2024] NZCZ 528). It came to a different view to that reached in the High Court.
Podular (Francis v Gross) was appealed to the Court of Appeal ([2024] NZCZ 528). It came to a different view to that reached in the High Court.
Tauranga City Council v Harrison Grierson appears to be the first High Court case that examines whether liability under the Building Act can be limited.
FirstBuild Construction court case: the latest in a series of legal cases that are defining the application of equitable liens in the construction sector in real-time.
Many homeowners are still dealing with the consequences, including significant repair costs, declining property values, and health problems related to mould exposure.
A controversial High Court ruling on the NZ Tiny Homes liquidation has revived the lien; an ancient legal concept relating to property ownership.
“My builder has offered me a fixed contract price” – I hear you say and my response will be “a fixed contract price is never a fixed price”.
There is potential for a person involved in the building process, including a company director, to be held personally liable for defective building work.
Build contracts are not as exciting as choosing your Lulu Lytle wallpaper, but a good build contract can form the basis of a successful project.