Marcus Beveridge / Tina Hwang (Principal/ Solicitor) Queen City Law

1. Building & Construction Law Topical Issues Marcus Beveridge / Tina Hwang (Principal/ Solicitor) Queen City Law

2. Slide title Building & Construction Law: Topical Issues PART I: EARTHQUAKE STRENGTHENING ISSUES AND THE CONSTRUCTION SECTOR BACKGROUND

3. Slide title Building & Construction Law: Topical Issues PART II: REMEDIAL CONSTRUCTION WORKS FOR UNIT OWNERS WHO HAVE SETTLED A LEAKY BUILDING CLAIM – THE COMMON ISSUES THAT ARISE BACKGROUND

4. Slide title Building & Construction Law: Topical Issues PART III: RESIDENTIAL DEVELOPMENTS AND COMMON ISSUES FOR PURCHASERS / DEVELOPERS FROM BUYING OFF THE PLANS IN THIS ECONOMY BACKGROUND

5. Slide title Building & Construction Law: Topical Issues PART IV: GUARANTEES / WARRANTIES ON CONSTRUCTION WORKS AND ASSOCIATED COMMON ISSUES BACKGROUND

6. Slide title Building & Construction Law: Topical Issues PART V:DOES SFO ACTION CONSTITUTE AN EXTENSION OF TIME? BACKGROUND

7. Part I: Earthquake Strengthening Background Building Act 2004 Dangerous Building Earthquake Prone Building Insanitary Building “Moderate Earthquake” Earthquake Prone Buildings (EPB) 1976 policy changes Slide title BACKGROUND

8. Part I: Earthquake Strengthening Auckland Earthquake-Prone, Dangerous & Insanitary Buildings Policy (2011 – 2016) National Building Standard (NBS) Four Categories: Critical Buildings People in crowds Heritage Buildings Other Potentially EPB Initial Evaluation Procedure (IEP) Slide title BACKGROUND

9. Part I: Earthquake Strengthening Christchurch Earthquakes bringing to light seismic issues Subsequent legislations Canterbury Royal Commission Report Slide title BACKGROUND

10. Part I: Earthquake Strengthening Drivers of Policy Changes Canterbury Royal Commission Report (minor) Banks (major) Insurance (major) Tenants (major) Slide title BACKGROUND

11. Part I: Earthquake Strengthening Prudent to Wait? Anticipation of current building codes increasing Ensuring compliance after the changes Belief that better science, technology and legal clarity will come Slide title BACKGROUND

12. Part I: Earthquake Strengthening Need to fully understand Danger in over generalisation Slide title BACKGROUND

13. Part II: Remedial Construction Background Shift from building claims to building repairs Settlement / judgment / government packages – where to next? (often very tired and bitter) Slide title BACKGROUND

14. Part II: Remedial Construction Financial and Banking Requirements Conditions of settlement Inevitable shortfall from settlement / judgment / package Bank Funding Section 48 (74) and issues Slide title BACKGROUND

15. Part II: Remedial Construction Scope of Works Properly ascertaining scope of works Examples: fire report, painting, carpeting Litigation Lawyers ≠ construction lawyers Second Generation Claims Slide title BACKGROUND

16. Part III: Off the Plan Purchase Background Recent rise of city apartment developments Need for purchasers to understand the risks and implications Slide title BACKGROUND

17. Part III: Off the Plan Purchase Securities Act What constitutes securities under the Security Act? Representations on rental or returns? Prospectus? Slide title BACKGROUND

18. Part III: Off the Plan Purchase Problematic Terms Sunset Clause Modification / amendment Clauses Defects Liability Unit Titles Slide title BACKGROUND

19. Part IV: Guarantees / Warranties Background No guarantees or warranties on new built houses Ineffective? Slide title BACKGROUND

20. Part IV: Guarantees / Warranties Empty Banks and Insurance requirements Public misnomers Need to get from head contractor, manufacturer, subcontractors and all involved Disclaimers or client warranties undermining guarantees/ warranties Slide title BACKGROUND

21. Part V: SFO Background Joke, but what constitutes an extension of time? Slide title BACKGROUND

22. Thank you very much!