Leaky building decision clarifies builders’ liability

It will be easier for builders to be added as defendants in leaky building cases, following a new High Court ruling, a top lawyer says.

Earlier this month in the High Court at Auckland, Justice Sarah Katz overturned a WeathertightHomes Tribunal decision to leave a builder out of proceedings between a leaky home owner and Auckland Council.

Rainey Collins managing partner Alan Knowsley says while it is not uncommon for councils to join builders to a liability case, the higher-level decision clarifies the position for future tribunal decisions.

 

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