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Kelly v EQC & Southern Response – no appeal

The appeal period for any appeal from the judgment in C & S Kelly Properties Ltd v EQC & Southern Response Earthquake Services Ltd [2015] NZHC 1690 has expired with no party lodging an appeal.  There has been no agreement about the costs payable by EQC and Southern Response so the Court will now have to determine that issue.  Notwithstanding the recent MBIE report to the effect that 30 out of 32 hand selected properties that were jacked and packed by EQC were non-compliant with the building code apparently EQC still maintains that it can jack and pack this property.

Failed work for EQC

Here is a link to a Stuff article on the comments by builders involved in doing building work for EQC and Fletchers.  Beneath the article are comments corroborating the content of the article that EQC and Fletchers are not blameless for the defective building work.  Both EQC and Fletchers ought to be legally liable for any defective building work.  I am aware that both have previously been sued for defective work.  I would not rely on either to remediate defective work and homeowners have no obligation to allow EQC or Fletchers to try to remedy defective work.