Leaky & Defective Buildings
Within both the law sector and construction industry, Dalzell Wollerman has proven competence with building defect and leaky building litigation. Resolving claims for apartment owners, individual home owners and commercial property owners has been one of our core strengths since 2001.
Legal action for leaky homes and apartments
Our construction law team has the expertise and experience to assist property owners who face a difficult situation due to building defects or want to pursue legal remedies for a leaky building. We have also acted for other parties involved in leaky building disputes, including developers, building contractors and subcontractors, designers, private certifiers and project managers.
We are able to resolve most claims before hearing through private negotiation and mediations. However, where hearings are necessary, Dalzell Wollerman has an excellent track record of successful outcomes in court.
Access to industry experts assists legal action for building defects
When it comes to a building defect or leaky home claim, we are known for thorough preparation, insightful research and analysis, and an enhanced ability to deal with complex technical detail. Dalzell Wollerman is often recommended by construction professionals to assist with resolving complex and difficult construction disputes.
Our work is complemented by a network of subject matter experts that has taken years to build. In the area of legal action for leaky homes, knowing who to approach for relevant technical information is a major advantage.
Recent and Current Cases
2022 – successful settlement of compensation claims against Wellington City Council and others for owners of an alleged leaky home in Miramar, Wellington.
2022 – successful settlement of $20m+ compensation claim by certain owners of alleged leaky apartments in Wellington.
2020-2022 – our clients brought a successful civil case in the High Court over house sale misrepresentations: Anderson v DeMarco [2020] NZHC 2979. The defendant was adjudicated bankrupt in 2021, and his appeals abandoned in 2022.
2021 – successful resolution of large commercial contract dispute regarding international manufacturing and supply of food processing machinery.
2020 - successful settlement of multi-million dollar leaky building claim brought by the Body Corporate and owners of a large multi-unit apartment complex in Ngaio, Wellington.
2019 – successful settlement of $15m claim brought by Body Corporate and owners of alleged ;leaky apartments in Porirua.
Our talented team has collected over $75 million in settlements since 2010.
Successful settlement of the $20 million leaky-building claim lodged by owners of St Paul apartments in Wellington, believed to be Wellington's biggest leaky building claim.
Class Actions
Our team has a rare breadth and depth of experience in the class action context, having obtained orders approving class actions to proceed in both the Kiwifruit Growers’ case against the Crown and the James Hardie Cladding Action, and being among the very few firms in New Zealand to bring class actions to trial, in the James Hardie Cladding Action (currently under appeal).
Testimonial
"I am a Registered Building Surveyor and a significant part of my work relates to the investigation of defective buildings and the provision of expert evidence in relation to litigation involving such defective buildings. I have therefore worked closely during the last decade with many law firms and individual lawyers in New Zealand and Australia for clients either pursuing or defending legal claims.
I have worked closely with Dan* and his team over the last 9 to 10 years in relation to numerous weathertightness claims from initial instructions through to mediations and Judicial Settlement Conferences, and occasionally through to Weathertight Homes Tribunal hearings and High Court hearings.
From my experience the particular strengths of Dan and his team, and the attributes that set this team apart from other lawyers with whom I have worked over the years, are the team’s attention to detail, meticulous case preparation and willingness and ability to understand the technical arguments that are often a factor of weathertightness claims. I have no doubt that it is these attributes that are the basis of the many good outcomes that Dan and his team have achieved for mutual clients. The effectiveness of Dan’s team is such that the majority of matters on which we have worked together have normally been settled successfully in mediation and at Judicial Settlement Conferences (in our clients' favour) without the need to proceed to full hearings.
I recommend Dan and his team to my clients who require legal representation, particularly those clients who have complex (from both a legal and technical perspective) claims, as I am confident that Dan will provide these clients with the best possible advice and legal representation."
THOMAS WUTZLER, HELFEN LTD
*Before moving to the independent bar, Dan Parker was a partner of Parker & Associates with Stuart Dalzell and James Wollerman from 2014. The firm is now known as Dalzell Wollerman.