Stuff and the Press recently published the article here about the likely liability of Fletchers and insurers for defective earthquake remedial work. It is unfortunate that those involved in the article did not accurately state the law. Where an insurer chooses to do, or have paid for, remedial work under the insurance policy then it is liable for the quality of that work as if it was the builder. There are a few Court proceedings already against insurers for defective building work. Fletchers as the project manager owes obligations to the home owner to perform its role with reasonable skill and care. That includes ensuring that the work complies with the building code. The terms of any contract with EQC ought not affect Fletchers liability to the homeowner.
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