Investigations & Assessment

Our initial investigations for a home/property owner or Body Corporate typically involve a detailed review of any information in the possession of the owner(s), including any previous reports. Also, a review of the Council property file is undertaken to compare the as-built situation with the original Building Consent for the construction or alteration of a dwelling. In addition, a detailed site investigation is offered to determine defects and damages and to develop an appropriate scope of remedial repairs.

We also engage the services of a specialist laboratory to complete analysis of timber and other building material samples, to confirm and identify the presence of decay species, certain fungi and moulds and also the presence of any preservative treatment in timber framing. A Registered Quantity Surveyor with weathertightness remediation experience is engaged to calculate the costs of a scope of repairs as determined by us, which will then form the budget for the works moving forward. The information obtained during our site investigation, and findings from our specialist sub-consultants will then be compiled into a comprehensive report setting out the defects, damage and cost to repair the dwelling/complex.

Where a homeowner/Body Corporate are looking to pursue a legal claim we will produce a secondary, legally privileged report, identifying the responsibility and failure of responsibility of the various parties involved in the design, certification and construction of a dwelling or complex.

These two reports would be sufficiently detailed to use as evidence in a situation where a legal claim was being pursued prior to the repair of a building/complex, and would be used by legal counsel to assist with claim documentation.

With the completion of reporting and the budget set for repairs, we would be in a position to facilitate the design process and project manage/administer the contract for the remedial repairs.

The Building Act Limitations

For buildings of less than 10 years of age, immediate legal involvement is generally required once weathertightness issues are identified at a building, due to the fact that the New Zealand Building Act has a long-stop provision.

Maynard Marks assesses the construction and certification period upon immediate commission of a project as a critical part of defining the possibility of a legal claim. We have previously been involved in situations where early determination of the possibility of a legal claim has been crucial, in order to prevent lapse of the limitation period.

Maynard Marks recommends that a qualified legal opinion be sought for claim eligibility before making any legal claim.

For further information on the process generally, where a legal claim is involved; for body corporates click here and for individual homeowners click here.
Or to discuss how Maynard Marks Limited may be of assistance to you, please do not hesitate to contact us.