Building defect and leaky building lawyer

Start with a report from a qualified building surveyor that identifies the defects, the damage they have caused, the scope of repair and, ideally, who caused each defect. With that report we can tell you who may be liable, whether your claim is still in time, and whether it is worth pursuing.

Our usual advice is that if you can fund the repairs, and your claim has been filed in time, it is generally better to repair first and then resolve your legal rights. Repairing first stops the damage getting worse and turns estimated repair costs into actual ones. It is a decision to make with advice, though, because it affects the evidence you need to keep.

Depending on the facts, possible defendants include the builder and their company, subcontractors such as plasterers and waterproofers, the developer, the architect or designer, the council that issued the consent or inspected the work, and sometimes the vendor or real estate agent who sold you the property. Directors can sometimes be personally liable. Your experts help us identify who caused which defects.

Insolvent defendants are common in leaky building claims and can make a reasonable settlement harder to reach. Under the current law, defendants are jointly and severally liable, so a solvent party such as a council can be pursued for the whole loss. The Building Amendment Bill, introduced in 2026 and now before Parliament, would replace this with proportionate liability, making it more important to get advice early on who is worth pursuing.

Cost depends on how long and complicated the case is, and on the expert evidence needed. If you succeed at trial, the court usually orders the other side to pay some, but not all, of your legal and expert costs. Most claims settle before trial, so you should factor your legal and expert costs into what you would accept in a settlement.

Court proceedings can be slow, and the timetable depends on the issues and on whether you repair first. Since 1 January 2026, factual witness statements in the High Court must be exchanged early in the proceeding, which is expected to speed up cases. Most claims resolve through a negotiated settlement, often at or after a mediation.

No. The period for lodging a new claim with MBIE, which had to happen before a claim could reach the Tribunal, ended on 31 December 2021. New leaky building claims are now resolved by negotiation and mediation, or in the District Court or High Court.

Get advice before you respond. Check whether the claim is out of time, whether your insurance responds, and who else should share responsibility. We regularly act for builders, developers, architects, subcontractors and their directors, and can advise on bringing other parties into the claim.