Leaky building litigation - damages
Usually you will seek a sum of money equivalent to that which you've spent, or will have to spend, to fix your leaky building / leaky home. This category of damages is known as 'special damages' and will normally form the bulk of your leaky building claim.
You have to prove your loss and cannot recover more than you've spent, or will have to spend. Nor can you claim for money spent to improve your property in a way other than fixing the problems with your leaky home (this is referred to as 'betterment').
You have to prove your loss and cannot recover more than you've spent, or will have to spend. Nor can you claim for money spent to improve your property in a way other than fixing the problems with your leaky home (this is referred to as 'betterment').
Leaky building consequential losses
Added to these special damages will be other consequential losses, such as the cost of moving out of your leaky house, repair funding costs, storage costs etc. These will all be claimed on your behalf. We also seek what is known as 'general damages' to compensate you for the stress and inconvenience you have suffered, although in New Zealand awards are not particularly high.
Also claimed on your behalf is interest on money spent and/or on the judgment amount, at a rate set by the Court, and legal costs (typically, only 50-70% of legal costs are awarded, as indicated earlier).
Leaky Building Litigation Process
1. Commencing leaky building proceedings
2. Discovery and inspection
3. Interrogatories
4. Interlocutory applications
5. Evidential witness statements
6. Mediation / Judicial Settlement
7. Conference
8. The leaky building trial
9. Leaky building legal costs
10. Role of leaky building experts
11. Damages
Contact us about your leaky building dispute
