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Termination of building contracts

Termination of building contracts

Occasionally the relationship between parties to a building contract turns sour. In some cases the parties will be able to get things back on track so that the project can be brought to completion. However, in other cases there is an irreparable breakdown in trust and one or both parties want to part ways. The owner may not want the builder around anymore and/or the builder may not want to continue racking up cost on credit with little prospect of being paid. So how does a party terminate the building contract and what risks does a party face if they get it wrong?

By Meika McHardy - 13 Sep 2018

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Does the Consumer Guarantees Act apply to building projects?

Does the Consumer Guarantees Act apply to building projects?

What the Consumer Guarantees Act (the CGA) does is insert some basic guarantees into every contract for the supply of consumer goods or services, and those guarantees override anything that the written contract might say to the contrary. However, the CGA only applies if you are supplying goods or services to "consumers". And consumers are individuals, companies, Councils, clubs or other legal entities who acquire goods or services "of a kind that are ordinarily acquired for personal, domestic, or household use or consumption".

By Geoff Hardy - 7 Sep 2018

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How to prevent building disputes

How to prevent building disputes

Building disputes can be very costly to resolve and cause both parties a lot of stress. If a dispute arises before construction is complete, building work is often suspended until the dispute is resolved. This can cause delays and can put unfinished work or materials on site at risk of damage. On residential projects in particular, a homeowner will be very invested and emotions can run high. Fortunately, there are things all parties can put in place to help prevent disputes.

By Meika McHardy - 4 Jul 2018

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From 1 July we may need further information from our clients

From 1 July we may need further information from our clients

From 1 July this year, we may be required to undertake due diligence in order to comply with our obligations under the Anti-Money Laundering and Countering Financing of Terrorism Act (AML/CFT). The information required (if any) will differ depending on the nature of your work and your type of entity. We will need this information prior to carrying out your instructions.

By Kay Keam - 21 Jun 2018

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Landlord claws back Airbnb profits and more

Landlord claws back Airbnb profits and more

Recently, the Tenancy Tribunal ruled that landlords can claim for the profits that a tenant makes in illegally subleasing their rental premises, especially for the purposes of an Airbnb rental. In this case, the landlord discovered that his apartment had been rented out 46 times over a six month period on Airbnb for approximately $249 per night.

By Pierce Bedogni - 25 May 2018

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Government's proposed ban on foreign buyers of residential dwellings

Government's proposed ban on foreign buyers of residential dwellings

The government is to introduce a ban on foreign buyers from buying existing dwellings. What could this mean for developers?

By Steven Lee - 14 Dec 2017

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Do you have the authority to execute a mortgage?

Do you have the authority to execute a mortgage?

It is not uncommon for credit application forms to include a clause that charges in favour of the creditor all property held by the debtor. This is typically accompanied with a clause whereby the debtor appoints the creditor as its attorney for the purposes of executing a mortgage over the charged property (if the debtor does not do so).

By Tony Johnson Kay Keam and Alden Ho - 25 Aug 2017

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Summary judgment as the defendant

Summary judgment as the defendant

Legal proceedings are time consuming and expensive. This can be seen to be a waste of resources if you are a defendant facing hollow claims.

By Alden Ho - 28 Jun 2017

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Good fences make good neighbours

Good fences make good neighbours

Do you know your rights under the Fencing Act? The Fencing Act covers a multitude of possible scenarios, including the commonly asked question of who should pay for a shared fence.

By Alden Ho - 27 Mar 2017

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How to improve your chances of recovering your debt

How to improve your chances of recovering your debt

If you're a builder, you have a number of options open to you if you don't get paid. In this blog, Geoff Hardy gives some practical advice on how you can help protect yourself and your business.

By Geoff Hardy - 8 Nov 2016

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