Case Study: Vista Rosa

Investigation of defects, reporting, remedial design, obtain building consent, tendering, brief of evidence, expert witness at mediation, contract negotiation, award contract, direct and administer the remedial works.

CLIENT/CUSTOMER: Body Corporate 195756 with an effective decision making project committee.

SIZE: 62 terraced units built in 1995 were reclad in 2007

CHALLENGE: The owners did not have sufficient monies to carry out repairs and reclad their homes before making a claim against those responsible. The mediation was one of the largest settlements in 2006. This project in 2007 was one of the largest reclad jobs in Auckland and there were very few contractors capable of doing remedial work of this size, consequently the contract was a negotiated open book using NZS3910. Scheduling and costing the work items together with programming the sequence of work was outside the expertise of a contractor more familiar with stand alone dwellings. The owners were initially reluctant to move out of their homes but when the work was complete the owners realised the benefits of greater efficiency by the contractor with less fear of being affected by spores from toxic fungi.

OUTCOME: The mediation settlement was 87% of the original contract sum. The project was completed 4 months ahead of schedule and 10% lower than the original contract sum.

KEY ASPECTS:

  • Good communication with an effective body corporate committee was a fundamental cornerstone for success.
  • Thorough investigation provided a link between cause and effect and created certainty of responsibility and clarity of reporting. This strong platform allowed the lawyer to effectively advocate and achieve an adequate settlement at mediation.
  • Robust and traditional construction design details and techniques were easily understood by the council and builder alike and resulted in a high quality finished product.
  • Effective cost control and programming were the main elements of a successful project which finished 4 months ahead of schedule and 10% below the original contract sum.