Andrews Property Services Ltd v Body Corporate 160361 - [2017] 2 NZLR 772

Tort — Negligence — Duty of care — Defective remediation of leaky building — Obligation to inspect for damage — Proper inspection not undertaken — Whether breach of duty by omitting to ensure proper inspection undertaken by third party — Duty to warn owners — Transferring responsibility — Builder failing to correctly install new cladding — Granting of code compliance certificate — Contributory negligence — Building Act 2004, ss 7, 40, 112, 112(1)(b)(ii), 397.

Contract — Tender documents — Specification — Weathertightness — Defective remediation — Contractual obligation to inspect for damage — Third party failing to inspect for damage — Whether builder obligated to ensure inspection by third party — Obligation to warn owners of failure to inspect — Duty to undertake work outside of contract to ensure building code compliant.

Fair Trading Act 1986 — Misleading and deceptive conduct — Whether producer statements by builder misled Council — Failing to install new cladding correctly — Failing to ensure inspection undertaken by third party — Council granting code compliance certificate — Fair Trading Act 1986.