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ARTICLE · 29 MAY 2015

Tolerances for residential defects

Contractors and clients should note the Guide to Tolerances, Materials and Workmanship in New Residential Construction. .

New ZealandReal Estate and Construction
Karen Overend (Formerly With Duncan Cotterill)
Karen Overend (Formerly With Duncan Cotterill)
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On Sunday 24 May 2015, the Ministry of Business, Innovation & Employment released a "Guide to Tolerances, Materials and Workmanship in New Residential Construction" (Guide). A copy can be accessed here.

Both contractors and their clients should take particular note of this Guide. It is part of the new Building Act consumer protections which came into force on 1 January 2015.

As part of those Building Act reforms, stronger obligations are placed on building contractors to fix any 'defects' notified by the client within a 12 month period after completion of building work. The difference between this and previous Building Act obligations is that (in addition to the timeframe) the onus of proof is on the contractor to show that the building work is not defective, rather than being on the client to prove a defect.

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