25 May 2022
IAG NEW ZEALAND LIMITED v QBE INSURANCE (AUSTRALIA) LIMITED [2022] NZCA 208
- Citation
- [2022] NZCA 208
- Court
- Court of Appeal
The RSMA imposed a predominantly administrative and co-ordination role on Hawkins with only a narrow quality-assessment function: Hawkins breached its monitoring/certification obligations where it certified completion of work that contained defects both visible to the naked eye and of sufficient seriousness as to compromise the integrity of the building or require substantial remediation; applying that test the Court found the cladding, windows, first-floor balcony structural defects and the previously identified foundations/sub-floor defects were impediments to certification and therefore wi…