INDEPENDENT NEWS

Fixing of rotting homes requires legal ruling

Published: Mon 14 Oct 2002 08:37 AM
Fixing of rotting homes requires legal ruling
Richard Worth - Epsom MP
National MP Richard Worth is calling on the Government to file a test case to establish the principles of liability for the rotting homes crisis.
"What we want is a test case which will establish the relevant legal principles so that they can be applied to settle the bulk of the claims. The test case would decide the liability issues in general terms of architects, developers, local authorities, builders and the Building Industry Authority.
"Obviously circumstances will differ from case to case but the broad principles would be a helpful guide to any adjudicative panels.
“However the problem still remains with the Government’s plan that mediation is a voluntary process, and there is no incentive for the wrongdoers to agree to mediation.
"National has already provided a draft of the law changes needed to the Construction Contracts Bill which would set up panels under the control of the Court to fix liability on those responsible and also order compensation payments.
"I am concerned that unless the Government moves more decisively thousands of home owners will face losses which could have been avoidable.
"There is no reason why a test case could not be filed this week, " said Mr Worth.

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