Holdfast has recently been alerted to a significant legal finding from New Zealand's High Court. The Nautilus Building in Auckland, a $35 m build, developed water leaks after construction and occupancy.
The High Court found that the cladding design was a performance solution that was not fully documented or verified, yet was approved for construction anyway, and the design was altered during construction to save money. While design issues could have rectified during site inspections, these were inappropriately delegated to parties that were not impartial nor independent of the process, and the entire project was “so badly documented that even now after 10 years we still don't know what they really built”.
The Judge was critical of the role of the Council (the building surveyor), stating their role in approval and certification was not “simply a matter of collecting pieces of paper” and that the unverified design should never have been approved. The developer and architect went into liquidation, and the Council (the building surveyor) was held liable for $23 m.
Holdfast appreciates the importance of thorough assessment of design documentation and independent inspection of the construction process, not only for our own liability, but for the amenity, safety and health of building occupants.