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Leaky homes/buildings

The impact of a leaky building on those affected goes far beyond financial concerns. This makes finding a pragmatic legal solution all the more important when dealing with leaky building disputes.

National team

Kensington Swan’s specialist construction and infrastructure team has worked for many years with owners, contractors, developers, consultants, and subcontractors. Our Auckland and Wellington offices work as a national team to resolve disputes efficiently.

Our lawyers have advised on commercial and residential claims ranging up to $30 million, involving single dwellings, multi-unit complexes, and high-rise buildings.

Limitation and liability

In any leaky building claim, it is critical to assess limitation periods, the liable parties, and the likelihood of recovery from those parties. We provide expert advice on:

  • the latest developments in the law on limitation periods
  • liability in relation to individual dwellings and multi-unit buildings
  • liability where there is a mix of residential and commercial use.

Choosing the right forum

It is important to choose the correct forum for each leaky building dispute. Kensington Swan can provide expert and practical advice on all options, including:

  • High Court proceedings
  • Weathertight Homes Tribunal adjudications
  • mediations and judicial settlement conferences
  • the newly enacted Financial Assistance Package.

Creative solutions

Our years of experience have given us expertise in a wide range of solutions for resolving leaky building disputes, including:

  • on-selling property without repairs
  • mediated settlements leading to rebuilding
  • buy-back arrangements
  • cash contributions to fund remedial works
  • traditional adjudication.

We can assist you with experts on architecture, quantity surveying, defect identification and analysis, remedial design, and project management.

In addition, our lawyers work with architectural and quantum experts who develop remedial plans for rebuilding, and for use as part of the Financial Assistance Package process.

Recent experience

Our extensive experience in leaky building law includes:

  • 52 duplex residential homes
  • regional council office buildings
  • a 50-unit mixed apartment block
  • 83 terraced town houses
  • central city apartment buildings
  • resort developments
  • luxury townhouses
  • cold store and office building
  • aged care and hospital facilities
  • schools.



Related legal services

Property and real estate law
Environmental & planning law

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