A deposit amount is a matter for negotiation between the parties. Whilst the customary figure is 10% it need not always be the rule. The Auckland District Law Society and Real Estate Institute of New Zealand Agreement for Sale and Purchase template (ADLS Agreement) provides that a vendor can retain a maximum 10% deposit when…
Auckland’s housing crisis is arguably one of the most pressing issues of our time. In response, a group of 130 public and private sector industry stakeholders met at a not-for-profit gathering, on 1 August 2017 – the first Auckland Housing Summit. The Summit was organized by a group of five key players: Leonie Freeman –…
We have mentioned previously that the rules relating to retentions under contracts covered by the Construction Contracts Act 2002 are changing. From 31 March 2017 retention money withheld under commercial construction contracts must be held on trust. This is intended to apply only to contracts entered into or renewed on or after 31 March (presuming…
A recent case considered whether or not the model IPENZ – ACENZ Short Form Agreement was incorporated into a contract between a client and an engineering firm. This was important because negligence had been alleged. If the short form applied it included a limitation of the engineer’s liability to $100,000.00. On the facts of the…
1 December 2015 – Payment Claims There is now no distinction between a residential and a commercial construction contract (with the exception of charging orders). All payment claims issued by a contractor must attach Form 1 from the Construction Contracts Regulations 2015 to be a valid payment claim under the Construction Contracts Act (CCA). You…
Changes to the Building Act came into force on 1 January 2015. All builders who carry out residential work, whether demolition, new build or renovations, building a new fence or retaining wall (or doing any other "building work") need to ensure they are meeting these new requirements. Written contracts are now required for residential building…
What are the proposed changes? Changes are being mooted to retention arrangements. The Government has announced that a "deemed trust" arrangement is their proposed solution to protect subcontractors from circmustances like those that followed Mainzeal’s collapse. Retention funds won’t need to be held in a separate bank account though so whether the funds are truly…
The legal set-up of a new subdivision or unit title development should be treated with as much care as the physical design. It’s very easy to leave a mess – one that is difficult and expensive to resolve. The rights, rules and restrictions that a developer puts in place for the new neighbourhood are generally…
Next month the Government will begin to introduce a new Health and Safety (H&S) regime in its bid to achieve a 25% reduction in workplace fatalities and serious injuries by 2020. As a result, most businesses will need to immediately up skill, perform due diligence and then implement the necessary change in order to be…
Most residential property developers use the NZS 3910 standard form of building contract. It’s used for infrastructure works for a subdivision or for building high-rise apartments. It’s used regardless of the procurement method e.g. traditional client-designed projects, design/build (with or without novated design consultants). NZS 3910 has just had a make-over. This should mean fewer special conditions…
We are seeing new structures and different property offerings. Now Government, Council, community organisations, iwi are all active in this space. The focus is mostly affordable housing – ironically being delivered via complex contract structures with multiple parties involved, probably adding cost to the development process. But the land is going into and out of…
Sugartree have secured their development finance and have started the construction of Stage 1 which comprises 148 apartments and 15 retail units together with basement car parking. Stages 2 and 3 include 425 more apartments, more commercial units, carparking and a rooftop garden. The team at AlexanderDorrington have been working with the Sugartree developers…