Civil litigation results

Our Results

Parker & Associates has acted for over 500 home/unit owners of leaky homes. We have achieved recoveries of over $60 million for those clients in the last 13 years. Here are some of our results and owner feedback:

 

Body Corporate 90247 v Wellington City Council [2014] NZHC 295

We acted for the successful body corporate and owners of four units in Thorndon in their claim against the Wellington City Council for negligent inspection and issue of code compliance certificates. Following a three week hearing in the High Court, the plaintiffs were awarded over $1.9 million plus costs.

The Court found the Council negligent, its processes "hopelessly inadequate" and the owners neither contributory, nor vicariously liable for alleged negligent acts on the parts of the purchasers' solicitors or building inspectors.

Read the full judgment here >

 

Stadium Gardens Apartments

Stadium Gardens Apartments is a multi-unit complex of 91 residential units.  Despite the early indications of costing from the Weathertight Homes Resolution Service Report the remedial work that was required was substantial and ran into many millions of dollars.

This was a significant claim involving contractors, Council, material suppliers and other parties. We achieved a confidential settlement for our clients two days before the 10 week hearing was scheduled to commence.

The complex at Stadium Gardens was completely repaired with Prendos as remediation consultants and Naylor Love as the building contractor in 2013.

 

The body corporate chair person provided the following feedback:

“The committee is extremely appreciative of the high standard of professionalism and the working relationship that we experienced over the last few years…we sincerely hope that you have been enriched by the experience in the professional sense as much as we have from a client’s perspective. Please extend our gratitude for their excellent work to all your staff who were involved in preparation for the mediations and hearing…Your attention to detail, dealing with negative elements, negotiating with consultants and defendants, and many other aspects of your work were key to achieving the result. Thank you.”

- John J Weiss Jr, Chairperson Stadium Gardens Body Corporate, February 2001

 

Furniss

"We engaged Parker & Associates after discovering we lived in a leaky home. We have been delighted with the skill, professionalism and commitment displayed by Dan, Bronwyn and their team in achieving a settlement for us. Although it seemed like a long time, they achieved a very quick result by normal standards and we were pleased with the good communication and client service throughout. We would have no hesitation in recommending Parker & Associates as legal experts in leaky home litigation."

Lewis

The Lewis’ purchased a property which suffered from serious design and construction defects and damage.

"Parker & Associates acted for my wife and me in a case we brought against the Wellington City Council and other co-defendants related to financial damages we incurred as a result of owning a leaky home. From the outset of the three year ordeal, Dan Parker and his team did an exceptionally thorough and detailed job of understanding the fact pattern, anticipating potential arguments or objections from the other side, and collecting the evidence they would need to support our case. Parker and Associates also kept us fully informed via regular meetings, calls, emails, and letters of their progress. As the hearing approached, Dan Parker did a masterful job of convincing the other side of the merits of our case, then tenaciously negotiating a settlement that we could all accept.

Finally, we noted that the legal advisers for the defendants remained courteous and respectful towards Dan throughout the process, in our minds speaking to the high regard in which they held him professionally in his role as plaintiff’s counsel. Litigation if highly disruptive of family life but we were comforted by having Dan and his team on our side guiding us through the process, helping make an intolerable situation tolerable. We fully recommend Dan Parker and his team at Parker & Associates."

- Nick & Diane Lewis, November 2012

 

Luxford Villas

Luxford Villas is a 40 unit complex.  Initially the repair work was estimated to be around $12,000 and a matter was heard by the Disputes Tribunal. However after a detailed scope of repair was completed the final figure for the cost of repair was $4 million.

The claim was against the main contractor and third parties. After two mediations and approximately three weeks before hearing a $5 million settlement was achieved for our clients.

 

 

Here is the feedback from the owners:

"We were very impressed with the professionalism shown by Dan Parker and his associates/employees. He obviously had a good understanding of the issues involved, and always appeared mindful of the emotional stresses and strains such a protracted legal process would have on clients. Either Dan or one of his staff was always available to answer any queries and the favourable outcome achieved was the result of much hard work and effort by all concerned. We would have no hesitation in recommending Parkers services based on our experience."

The owners are now very happy to have successfully completed the repair process.

 

First Windows and Doors

We acted for a window supplier, First Windows and Doors, in their successful defence of a high profile leaky building claim against them and others in the Weathertight Homes Tribunal and upon appeal to the High Court.

Our client obtained one of the highest award of costs that has been awarded in the Weathertight Homes jurisdiction, where cost awards are rare.

"Very thorough research and presentation. Dan is obviously experienced in the Court room and his performance was impressive to witness."

- GRW Consultants Ltd, May 2009

Other client feedback:

 

 “Dan and his team achieved outstanding results for us from our High Court hearing and, after a resounding win, our application for additional costs.  The amount awarded to us was well above what we could have achieved through an out of court settlement, covering almost all of our repair costs and our litigation costs.  I am very grateful to Dan, Amy, Bronwyn and our expert witnesses. Their attention to detail, thorough preparation, and sound strategic advice was behind our success.  During a lengthy and stressful process, it was reassuring to know we had engaged one of the best leaky building experts in New Zealand."

- Kristina Ryan

 

“I am most grateful to James and Dan for the painstaking background work which was done to progress my case for me, and for the prompt and efficient responses to the questions and concerns that cropped up along the way. Thank you both for the comfortably informal way you conducted the without prejudice meeting. It was not at all the formidable experience I had expected, you were both very reassuring and I found I was able to relax and follow the proceedings without undue anxiety. It's certainly a wonderful feeling of relief to have achieved a good settlement."

- Susan Hill, March 2015

 

"Dan accompanied me through a leaky house claim for three years. I am so pleased to have found him. He is very efficient, very smart, and got me to a result I was satisfied with. I feel I learned a lot from him throughout the process, which allowed me to remain in control of all decisions. This will be a benefit to me well beyond the world of leaky homes.”

- Christina Hu, March 2013

 

"Dan and Nikola were very precise in their actions for my case. Professional and courteous when dealing with me. Responsive and proactive in dealing with relevant parties. Very pleased to have them on my side…Real advice given, no false expectations…Professional attitude and no sugar coating facts. No patronising… Highly recommended.”

- Alex Tashkoff, October 2012

 

"Very happy with results. Unfortunately I have required Parker's services twice and both times we have had a successful outcome.

I would recommend Parker & Associates to anyone seeking cost recovery in building remedial work. Staff are very coopertative and helpful. I cannot overemphasise their attention to detail and being extremely well prepared when presenting a case."

- Garry Madill, January 2008

 

"We had confidence in the legal advice that Dan provided to us in our case. His experience and the fact that he was well-prepared guided us through complex matters and enabled us to have a strategy that proved to be bang on. We especially appreciated being listened to and felt that the things that were important to us were acknowledged and discussed so that we understood which were distractors and which had value in developing our case. Open communication allowed us to be an integral part of the team, and kept us up to date on progress. It was an extremely stressful time for us and our family, and we really were grateful for the professional and respectful way the team handled our case. We would have no hesitation in referring Dan and his team to our friends."

- Heidi Borner and Jon Everest

 

“We were very happy with your advice, guidance and excellent performance in this matter.

We were impressed with Dan’s skills at the EGM and WHT mediation. We found Dan at the EGM and mediation to be frank, effective, to the point and very skilled.

We understand Parker & Associates is one of the top firms in leaky building litigation which is why we decided to engage. We are extremely grateful for Thomas and Dan’s willingness to engage with us, given the circumstances.

We have engaged few other professionals in our lifetime, in any field, as skilled, knowledgeable and effective as Dan Parker.”

- Baker and Rowlands, April 2010

 

Read what the experts say >>