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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18674
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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hey there, are weatherboards on a house that are 7 years old

Resolved Question:

hey there, are weatherboards on a house that are 7 years old (both weatherboards and the house), but are warping to the point of being not "fit for purpose" covered under the consumer guarantees act, or similar legislation?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : They may not be, because houses are required to have expected lifespans of overall 50 years, and the component parts for up to that time. You could have a Limitation Act issue because normally you cannot claim after 6 years, but in certain circumstances there is a 10 year period for building works.
Chris The Lawyer : This is likely to be covered and I suggest you tell the builder that he must repair the warped boards and investigate if this is more serious
Customer:

hey there, thanks, XXXXX XXXXX need clarity here, what circumstances would lead to a 6 year vs 10 year issue. Also, is the builder required by law to fix? he apparently didn't buy a guarentee for his work?

Chris The Lawyer :

He is bound under the Consumer Guarantees Act to repair even if he didnt buy a guarantee. And he is likely to be bound by the 10 year period.

Customer:

How do I find out for sure re 10 years, and do I approach him direct with this info, or via a lawyer?

Chris The Lawyer : Just ask him to fix and tell him he must because the Building Act says he must stand behind the work
Chris The Lawyer : You won't need a lawyer for the first step unless he gets difficult
Customer:

he will, is there a particular type of lawyer I would use for this situation (it's looking like the whole house will need to be re-cladded)

Chris The Lawyer : There are lawyers who specialise in building contract disputes. What city are you in?
Customer:

Wellington / Upper Hutt

Chris The Lawyer : This firm are specialists
Chris The Lawyer : Name:Hazelton LawPostal Address:PO Box 5639Lambton QuayWellington6145New ZealandTel:04(NNN) NNN-NNNNax:04(NNN) NNN-NNNN/span>
Chris The Lawyer : And this lawyer also
Chris The Lawyer : Name:Douglas Ewen BarristerPostal Address:PO Box 5744Lambton QuayWellington6145Tel:04(NNN) NNN-NNNNax:04(NNN) NNN-NNNN/span>
<span class="JA_chatAuthorName"Customer:

that's awesome - thanks heaps, excellent service :)

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18674
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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