Breaks legislation – Do employees have to take breaks?
The law regarding break allowances for employees changed in 2019 The Employment Relations Amendment Act 2018 amended the Employment Relations Act 2000 to state that: “an employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks”. Are you up to speed with the changes and what they require? What […]
Dealing with statutory demands during the Christmas and New Year period
After a long and busy year, it can be easy for company directors to overlook key obligations and timeframes over the Christmas and New Year period. However, it is fundamental that company officers remain alert to any formal notices or demands received over this period so appropriate and timely action is taken to protect the […]
Subbies suck it up again? Stanley Group collapse leads to calls for subbie protection
On 5 September 2019, Auckland and Waikato-based Stanley Group/Tallwood became the latest in a long line of construction companies to go to the wall. Initial estimates put the amount owed to creditors at $5 million, with individual subcontractors reportedly owed up to $600,000. Stanley Group’s projects included building homes for Housing New Zealand and a […]
Solvency – A Plague On Directors’ Minds
Solvency issues are top of mind for many Kiwi businesses in the face of the prolonged disruption caused by COVID-19, together with rising interest rates, inflation and supply chain issues. For directors though, solvency issues raise the prospect of personal liability – with directors duties requiring careful thought and constant attention. In this article, we […]
Retention Money Revolution: New Zealand’s Construction Industry Braces for Game-Changing Amendments from 5 October 2023
Members of New Zealand’s construction industry should familiarise themselves with upcoming changes to the retention money regime in the Construction Contracts Act 2002 (CCA). Retention money refers to an amount withheld by a party to a construction contract (party A) from an amount payable to another party to the contract (party B) as security for […]
🏉 Tradie Law: Embracing Excellence and Community Through Rugby Sponsorship 🏉
Championing Local SpiritFor Tradie Law, our sponsorship of the Wellington Lions is a great milestone and testament to our commitment to fostering local excellence. Jaesen Sumner, Partner of Ford Sumner Lawyers and Tradie Law, echoes this sentiment: “Having immersed myself in various roles within the local rugby scene, including significant engagement with the OBU Rugby […]
Make safe your retentions by injunction – a timely remedy when developers are in trouble
This article was written by our colleague and barrister Finn Collins of Lambton Chambers, with whom we work closely with on construction law matters and assisted us in obtaining a recent court injunction to secure retentions. It’s one thing to have the comfort of knowing your retentions are held on a statutory trust, [1] but who […]
Tradie Law Extends Partnership with Wellington Rugby Football Union for 2024
Tradie Law is excited to announce the extension of our partnership with the Wellington Rugby Football Union (WRFU) for 2024. Powered by the legal team at Ford Sumner, Tradie Law is dedicated to supporting trade businesses with tailored legal services that address the unique challenges they face. Ange Penney, General Manager of Tradie Law, expressed […]
Duty to Warn: When is a contractor is responsible for design choices made by an owner?
Introduction A duty to warn is when a party may be held liable for damage or loss caused to another where the party had an opportunity to warn the other of the issues and failed to do so. We are regularly asked by contractors whether they have any responsibility in situations like the following: A […]
Retentions Must Be Returned – The High Court Confirms
Retentions under a subcontract are held on trust by the head contractor for the benefit of the subcontractor. If retentions are withheld, contingent on anything other than the subcontractor’s performance, they must be released immediately, as this is considered void and unenforceable. In Stevensons Structural Engineers 1978 Ltd (in liq) v McMillan & Lockwood (PN) Ltd & […]