We have recently seen a number of cases where builders and other building contractors are withholding producer statements or records of building work in order to obtain leverage in dispute or non-payment situations.
Sam Cowan
The Limitation Act and limitation deadlines for filing court proceedings for insurance claims has been increasingly relevant since the six year anniversary of the Canterbury Earthquakes.
2016 saw the six-year anniversary of the 4 September earthquake and many insurers granted further time to property owners to bring claims. A number of those deadlines are looming again over the coming months, and this may impact on property owners and their ability to pursue their insurance claims.
A recent article in the press a couple of weeks ago highlighted that there are several houses in Christchurch which were never correctly fixed after the Canterbury Earthquakes and as a result may be financially toxic. People purchasing these houses run the risk that they may be buying into an ...
2016 saw the 6 year anniversary of the 4 September earthquake and many insurers granted further time to property owners to bring claims. A number of those deadlines are looming again as at 4 September 2017 and this may impact on property owners and their ability to pursue insurance claims.
The issue of earthquake-prone buildings remains a hot topic. You may have seen recent reports in the media including:
“Wellington considers new earthquake laws that could cost homeowners thousands” – www.stuff.co.nz, 21 January 2017
“Earthquake-prone Hurunui and Marlborough buildings could have just one year to reach building code ...
The latest earthquakes have not just caused movement to the landscape but have also caused movement with regard to bank’s lending requirements in some regions around New Zealand. Banks are understandably cautious about advancing funds on properties that may have sustained damage in the most recent earthquakes.
The 6 year anniversary of the 4 September earthquake is fast approaching and recently there has been commentary in the media about the impact of this on property owners who have not yet settled their insurance claims.
A High Court claim for a series of declarations filed by a group of Christchurch home owners against the EQC has been recently settled, with both parties advising “there is no material disagreement” between them....
The proposed changes to the Building Act are nearing completion and this could have a huge financial impact on owners of earthquake-prone buildings not only in Queenstown, but throughout New Zealand.
Too often the cash settlement amount offered by insurance companies is less than what the homeowner is entitled to. This was demonstrated in the recent decision - Southern Response v Avonside Holdings.
This article written by Peter Highton, a Senior Legal Advisor at the Earthquake Commission (EQC) outlines who holds responsibility for paying invoices relating to excesses for repairs carried out through its Canterbury Home Repair Programme.
Canterbury homeowners may be in for a shock if they are unaware they are liable for EQC excess payments where earthquake repairs valued at more than $20,000 were managed by Fletchers.