New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law

During a construction contract in nz when does ownership

Customer Question
During a construction contract...
During a construction contract in nz when does ownership pass to the client for goods installed during the build process?
Submitted: 2 years ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
During a construction contract in nz when does ownership pass to the client for goods installed during the build process?
for example, if pipes are laid in the ground, but not connected, because the works are in progress - and are stolen; who do the pipes belong to? Who pays to replace them ? The contractor or the client ?
Answered in 9 hours by:
9/15/2015
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,174
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

This can depend on the contract. Many contracts provide that title passes when the good are paid for. So the first step is to see if this term is present, and that answers some, in that when the owner pays for the items, title passes. If there is no such term then the title would pass on delivery to the site. If the contractor ordered the items and they were delivered to the contractor on the site, title would pass on installation. So if they were laid, but not yet connected my opinion is they then belong to the owner. Risk however sometimes is mentioned in the contract, and may not pass until practical completion. So then you need to look at the head contract.

Ask Your Own New Zealand Law Question
Customer reply replied 2 years ago
The Contract is NZS3916 with Special conditions excluding off site payment (12.1.3(b)(iv), but allowing advances for material not yet incorporated ( 5.9.3) which also vests ownership in the material.
Care of Works is invested in clause 5.6 in the Contractor - and I cant find anything that transfers this to sub-contractors.
So I suppose the question is whether it is reasonable to expect the Contractor to call on their insurances, in the case of a sub-contractor site loss, rather than have the sub call on theirs.
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

If the contractor ordered the pipes, and has care of the works then it would be their insurance which has to be used, in my opinion

Ask Your Own New Zealand Law Question
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,174
23,174 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,174 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

52 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,260 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,429 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
My brother is the executor of my dads will. All four of us
My brother is the executor of my dads will. All four of us children are beneficiaries. He is selling dads house and not informing two of us siblings about what is going on. For example as far as we kn… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
Gave tenants notice to vacate our rental property and
Gave tenants notice to vacate our rental property and accidently typed in 40 days instead of 42 the letter. This error was not picked up until about a fortnight later when in the meantime the tenant h… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I am chair of a local community enterprise in a small town
I am chair of a local community enterprise in a small town in Northland. We have been granted a small recycling contract by our District Council. However, despite the Mayor agreeing to a well established, credible organisation being the contract holders and acting as our legal entity and with our volunteers providing the labour force, a Council staffer is giving us a flat NO Ant suggestions please?. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
We are moving outside the region in which my ex husband
We are moving outside the region in which my ex husband lives. He has refused to allow me to take our daughter with us. I have been her primary care giver since birth. She is 12 and doesn't not wish t… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I am a student but I am confuse doing my answer about
I am a student but I am confuse doing my answer about advertisement in formation of contract … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
Ms., I am currently on Saipan, Commonwealth of northern
I am currently on Saipan, Commonwealth of northern Mariana Island … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I was adjudicated bankrupt in 2012 but as yet haven't been
I was adjudicated bankrupt in 2012 but as yet haven't been discharged. I have told that the Official Assignee hasn't received a statement of position and nothing has really happened since 2012. I had sent a statement of position at the time of adjudication and have waited patiently since. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I'm married until 1/12/16. Rotorua. Not yet. Not just my
Hi I'm married until 1/12/16 JA: Family law varies by state. What state are you in? Customer: Rotorua JA: Have you talked to a lawyer yet? Customer: Not yet JA: Anything else you want the lawyer to kn… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I bought shares threw cathay Du pont 38000 NZ $ .I told them
I bought shares threw cathay Du pont 38000 NZ $ .I told them to sell them … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
If a Charitable Trust passed a Variation of Rules" at an AGM
If a Charitable Trust passed a Variation of Rules" at an AGM but failed to notify the Charities Register as required under the Charities Act 2005 Clause 40, what is the legal status?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
Can you be taken back to court for a debt that occurred
Can you be taken back to court for a debt that occurred before you where bankrupted … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I just need help properly understanding a Deed of
I just need help properly understanding a Deed of settlement. I have no reason to believe the document is unfair. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I am trying to find a lawyer in. Sorry i live in NZ and need
sorry i live in NZ and need a lawyer in UK to represent me in a litigation case involving 2 loans made a cousin of approx $11,000 which he has not paid or tried to pay back … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I got a residence visa based on job offer along with my
i got a residence visa based on job offer along with my family . when arrived NZ , the employer advised they are downsizing and i will not be able to take the job . as a condition written on the visa … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
Looking for a mental health lawyer in whangarei, can you put
looking for a mental health lawyer in whangarei, can you put me in the write direction or recommend one. thank you. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I have a question in regard to properly law. I am the back
Hi there. I have a question in regard to properly law. I am the back unit in a group of three units with a shared driveway. There is a grass area around the back of my house. I was told by the real es… read more
serish khan
serish khan
Lawyer
Bachelor
52 satisfied customers
I would like to know if I can use the word Mopar or Hemi in
Hi I would like to know if I can use the word Mopar or Hemi in a sentence on a t shirt? I:E Super Stock Hemi Factory Lightweight … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers
I am querying the term 'Residential' in a cross lease
I am querying the term 'Residential' in a cross lease agreement. The other leseee is using the property 52 weeks a year on Airbnb. To me this would be a commericial business. The cross lease also stat… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,174 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x