Dr Webb kindly volunteered his time to talk to a range of topics concerning Canterbury Homeowners on the 10th September 2015. This presentation also includes some information on the Limitations Act.
Cash Settlements - EQC and IC - Peter Woods of Anthony HarperEQCfix New Zealand
Peter Woods of Anthony Harper kindly volunteered his time on the 10th September to talk at Public Meeting at the Canterbury Cathedral. This is a copy of Peter's presentation.
Christchurch Four Years On - Anothny Harper - Peter Woods - EQC / EQR Present...EQCfix New Zealand
Peter Woods from Anthony Harper Christchurch spoke to a large crowd at the Christchurch Cathedral on the 23rd February 2015 in relation to earthquake issues and EQC.
Accessory Dwelling Unit Basics for Los Angeles AreaKendyl Young
The laws around Accessory Dwelling Units in California have recently changed. The architecture and design experts from AMK Studios have broken down what you need to know when considering putting an ADU on your property.
In these PowerPoint slides Dr Duncan Webb covers the three elements of the claims settlement process. This is a great, high level overview, of managed repairs, cash settlements. Duncan also touches on full and final (discharge of claim).
Cash Settlements - EQC and IC - Peter Woods of Anthony HarperEQCfix New Zealand
Peter Woods of Anthony Harper kindly volunteered his time on the 10th September to talk at Public Meeting at the Canterbury Cathedral. This is a copy of Peter's presentation.
Christchurch Four Years On - Anothny Harper - Peter Woods - EQC / EQR Present...EQCfix New Zealand
Peter Woods from Anthony Harper Christchurch spoke to a large crowd at the Christchurch Cathedral on the 23rd February 2015 in relation to earthquake issues and EQC.
Accessory Dwelling Unit Basics for Los Angeles AreaKendyl Young
The laws around Accessory Dwelling Units in California have recently changed. The architecture and design experts from AMK Studios have broken down what you need to know when considering putting an ADU on your property.
In these PowerPoint slides Dr Duncan Webb covers the three elements of the claims settlement process. This is a great, high level overview, of managed repairs, cash settlements. Duncan also touches on full and final (discharge of claim).
Loss Reserves, and 90% of Kaikoura Claims Undercap! (Kaikoura Meeting)EQCfix New Zealand
These are the slides from Cam Prestons presentation. Discussing topics such as the loss reserve (the amount the insurer has applied to the home) and thorny topics such as Mr Grafton's pre-determination of the number of claims to be undercap post the November 2016 quake.
Canterbury has a posse that change post quake, a Mayor who does not have the power to make the changes, a Sheriff running wild and directing the posse. This presentation includes interesting facts and information about Gateway changes and why it got harder and harder post quake and why Canterbury will be riddled with failed repairs, or people underpaid. The Sheriff the Posse and the Cowboys – their own little police state maybe? The townsfolk can fight back – and they are!
Christchurch Four Years On - Harrison Associates - Stu Harrison -Sum Insured EQCfix New Zealand
Stewart Harrison from Harrison Associates in Christchurch spoke to a large crowd at the Christchurch Cathedral on the 23rd February 2015 in relation to earthquake issues and insuring homes moving forward..
Class Action and Litigation Funding - A possible solution for EQ homeownersEQCfix New Zealand
Kalev Crossland of Shieff Angland and Sarah Miles, Christchurch Insurance Fiasco have provided some information for homeowners on group legal action....
Christchurch Four Years On - Underfoot Services Ltd- Bevan Craig - Foundation...EQCfix New Zealand
Bevan Craig from Underfoot Services Christchurch spoke to a large crowd at the Christchurch Cathedral on the 23rd February 2015 in relation to earthquake issues and EQC, specifically around foundation issues.
Dr Michael Naylor's presentation from 12th May 2016 EQC Declaratory Settlement meeting. Massey Research into the Response of EQC & Insurers to Quake Claims
Exert: In my non-lawyer opinion the EQC- Action group agreement is unusual. Most legal agreements are limited to the group involved. The way the EQC announcement was phrased – ‘this is what we have always done’ – opens it to everyone to ensure that ‘as - when new’ was applied to their claim. This is every EQC repair/ rebuild/ cash claim
Repair, Restoration, RCC strengthing, Replastering, waterproofing of external wall and terraces, Plumbing repair, Revamping and refixing, Paving, Tiling, Granite and stone works and allied services.
Loss Reserves, and 90% of Kaikoura Claims Undercap! (Kaikoura Meeting)EQCfix New Zealand
These are the slides from Cam Prestons presentation. Discussing topics such as the loss reserve (the amount the insurer has applied to the home) and thorny topics such as Mr Grafton's pre-determination of the number of claims to be undercap post the November 2016 quake.
Canterbury has a posse that change post quake, a Mayor who does not have the power to make the changes, a Sheriff running wild and directing the posse. This presentation includes interesting facts and information about Gateway changes and why it got harder and harder post quake and why Canterbury will be riddled with failed repairs, or people underpaid. The Sheriff the Posse and the Cowboys – their own little police state maybe? The townsfolk can fight back – and they are!
Christchurch Four Years On - Harrison Associates - Stu Harrison -Sum Insured EQCfix New Zealand
Stewart Harrison from Harrison Associates in Christchurch spoke to a large crowd at the Christchurch Cathedral on the 23rd February 2015 in relation to earthquake issues and insuring homes moving forward..
Class Action and Litigation Funding - A possible solution for EQ homeownersEQCfix New Zealand
Kalev Crossland of Shieff Angland and Sarah Miles, Christchurch Insurance Fiasco have provided some information for homeowners on group legal action....
Christchurch Four Years On - Underfoot Services Ltd- Bevan Craig - Foundation...EQCfix New Zealand
Bevan Craig from Underfoot Services Christchurch spoke to a large crowd at the Christchurch Cathedral on the 23rd February 2015 in relation to earthquake issues and EQC, specifically around foundation issues.
Dr Michael Naylor's presentation from 12th May 2016 EQC Declaratory Settlement meeting. Massey Research into the Response of EQC & Insurers to Quake Claims
Exert: In my non-lawyer opinion the EQC- Action group agreement is unusual. Most legal agreements are limited to the group involved. The way the EQC announcement was phrased – ‘this is what we have always done’ – opens it to everyone to ensure that ‘as - when new’ was applied to their claim. This is every EQC repair/ rebuild/ cash claim
Repair, Restoration, RCC strengthing, Replastering, waterproofing of external wall and terraces, Plumbing repair, Revamping and refixing, Paving, Tiling, Granite and stone works and allied services.
Learn how to successfully navigate residential disputes within the RCLA framework, and draft effective contract clauses. This presentation will provide you with an outline on how you can utilize the RCLA procedures to effectively neutralize risk.
Construction Contracts: Basics of Contracts and Contract AdministrationGerald R. (Jerry) Genge
The CCDC 2 Stipulated Price Contract is the "go to" document for construction contracts. Learn the basic components and roles of eth parties to the contract.
2016 Year in Review: Recent Midwest Legal Decisions Impacting Real Estate and...Quarles & Brady
In 2016, the Midwest (which we will define as Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and Wisconsin) saw a number of statutory changes and court decisions that reshaped and framed a number of key issues every developer, design professional, owner, lender, contractor, and real estate and construction lawyer must know.
Building Code Enforcement and Contractual ConsequencesScott Wolfe
My part in a building code seminar sponsored by Lorman Education Services. This presentation focuses on building code enforcement mechanisms in Louisiana, and the effect building code violations can have on contracts, parties to contracts, and third parties. Also, it touches on defenses available to parties when building code violations exist, as well as green building code issues that are now arising with green building projects.
At a meeting held for homeowners in Canterbury at the Transitional Cathedral an update was provided on insurers performance to date, including how hard it is currently to open transparent information from them. This was part of a general meeting with more than 400 people attending in relation to the question of cash settlements.
Many people in Canterbury are struggling to have their insurers honour their insurance policies post quake. Many have experienced assessment after assesment and more recently examples of shoddy repairs are coming to the fore.
A number of experts in their field feel there is a long overdue need for change, and that one of the ways to help achieve this change is for the homeowner to be more informed of what is going on, why and how they can better ensure their home is protected.
A big thanks to each of the presenters - a great afternoon on the 2nd August with over 300 people attending.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
4. Building Code
• Sets minimum requirements
• Performance based
• Key requirements are:
• Structural
• Durability (different for different parts)
• Safety (fire etc.)
• Moisture (flooding / weather tightness)
• Health (sanitation, light etc.).
• The Building Code does not deal with quality /
cosmetic issues.
5. Consenting
• Not all work needs a consent (first schedule):
• Repair / maintenance / replacement
• But not where:
• there is a substantial replacement of structural system
or
• where the item has failed to meet Code.
• Consenting authority may exempt work where:
• it is likely to comply with Code; or
• Unlikely to cause a danger
• All work must “comply with the building code to the extent
required by this Act” whether or not consented (s 17)
6. Consenting and Repairs Cont..
• S 112 - May grant consent for work which does
not comply with Code where:
• if it did not comply with the other provisions of the
building code immediately before the building work
began, continue to comply at least to the same extent
as it did then comply
• Purpose of s 112 is to ensure that work is not
deferred because of onerous code
requirements.
• No obligation to repair a building unless it is
“dangerous” (s 121).
7. Building Act Warranties for Consumers
(s 362I)
• Work carried out in a “proper and competent
manner”
• Work will be completed “with care and skill”
• Materials fit for purpose
• In compliance with law
• Completed within reasonable time
• Will be suitable for occupation
8. Other Rights
• Consumer Guarantees Act 1993
• Care and skill / reasonable time / fit for purpose
• Fair Trading Act 1986
• No misleading or deceptive conduct
9. The Repair Contract
• Whose Contract?
• Insurer - builder / homeowner – builder / homeowner – insurer –
builder.
• Check the Policy
• If there are additional works then you may need to be a party.
• Contract terms are negotiable. Look out for:
• Variations
• Completion dates
• Penalties
• Unforeseen conditions
• Insurer can be liable for increases in cost (where no final cash
settlement).
• Get the contract reviewed.
10. Defective Repair…
What Now?
• Who is “on the hook”?
• Builder / subcontractor / project manager
• Consenting Authority
• Insurer (possibly)
• Options:
• Negotiate a remediation (often default under contract)
• Negotiate a settlement
• Look at dispute resolution clauses (mediation /
arbitration)
• Litigation (the last resort)
11. The Limitation Question
• The right to sue for a breach does not last for ever.
• General rule that the right lasts for six years “after the date of the act
or omission on which the claim is based” (Limitation Act 2010).
• A conservative approach would say that the omission of an insurer
occurs at the moment of the damage as that is when the obligation
to reinstate arises.
• A alternative approach would say that the omission occurs when
there is a breach because the repair did not occur within a
reasonable time.
• Insurers can (and may) waive the right to rely on limitation – but this
would need to be express.
• A claim is “brought” only when it is filed in Court.
12. The Parliamentary Petition
• A Royal Commission to:
• Identify the causes of the defective repairs;
• Recommend steps to prevent such defective repairs
being carried out in future; and
• Provide such advice to the Earthquake Commission,
private insurers and territorial authorities to ensure
that in future the risk of defective repairs is
substantially reduced.
• Circulate to friends / colleagues