Shake Up of Earthquake-Prone Building System: What It Means for Commercial Property

Ford Sumner Earthquake-Prone Building System Earthquake-Prone Building System Reform Amendment Bill

In September 2025, the Government announced a series of proposed changes to New Zealand’s earthquake-prone building (EPB) system under the Building (Earthquake-Prone Building System Reform) Amendment Bill. The reforms aim to make the current EPB regime more risk-based and proportionate, reducing compliance costs while maintaining safety standards. Key proposed changes The Government has indicated several […]

To Suspend, or Not to Suspend: The Risks of Suspending Works 

Ford Sumner Risk Management

In the fast-paced world of construction, cash flow is king. But what happens when your client stops paying? Or they’re causing endless delays? For many contractors and subcontractors, the idea of suspending work seems like the obvious way to protect yourself. But pulling the pin too soon can backfire badly. Here’s why you need to […]

Keep the Cash Flowing – Tradie Tips to Get Paid – Part 1

Ford Sumner Cash Flow Tradie Law

Cashflow is king for any contractor — yet late payments, unclear terms, or clients who don’t pay at all can cripple your business. A good contract is your first line of defence. Here are practical tips to help you lock in better contract terms and get paid on time, every time 1. Always Get It […]

Court Issues Warning to Directors Who Misuse Retentions

Ford Sumner Construction Retentions

We can now expect to see summary judgment applications against directors of failed construction companies who misuse retention funds. The High Court has adopted the Canadian position that a director is deemed to have known of any statutory or trust requirements and will be personally liable to restore any missing retention money that should have […]

Insolvent and Indifferent: A Director’s Missteps and a Warning to Homeowners

Ford Sumner

A recent High Court decision, Batley v MacDonald [2025] NZHC 974, has sent another clear warning to company directors across New Zealand: when a business starts to sink, misusing funds to keep the ship afloat while topping up your own interests is not an option. It is also a reminder to homeowners to take care when providing […]

Retentions Must Be Returned – The High Court Confirms

Retentions Must Be Returned

Retentions under a subcontract are held on trust by the head contractor for the benefit of the subcontractor. If retentions are withheld, contingent on anything other than the subcontractor’s performance, they must be released immediately, as this is considered void and unenforceable. In Stevensons Structural Engineers 1978 Ltd (in liq) v McMillan & Lockwood (PN) Ltd & […]