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PM19-469863257 UC Apr May 2020 Cover.indd 1 9/03/20 2:29 PM FOREWORD VIEW FROM THE GM OPERATIONS

INDUSTRY WELLBEING

As summer departs, I am reminded that all things are cyclical. In some ways, it would be easier to live in a straight line – constant, steady work in our industry and a mindset that is always on an even keel would be a simple way forward

But this is not the way for our industry, which has been through many booms and busts. Likewise, we all have times when it seems like everything is going our way and other times when we struggle, things pile up and it can all start to feel like too much.

Mental health in our society is under the spotlight more and more, so it is pleasing to see valuable work is now taking place in our industry to address it. Site Safe has partnered with Construction Health and Safety NZ (CHASNZ), the Mental Health Foundation and Mates in Construction to produce a handy wallet-sized card to help guide us into having conversations with those who might be struggling. I encourage you to take the time to read it and to look out for your workmates.

Look out for yourself, too! Hopefully, the advice from our contributors can ADVERT help with that. Law firm Duncan Cotterill explains how to protect your Mental health in tools in the event of a client’s receivership or liquidation. We also feature insurance advice from Builtin on how main contractors can avoid being our society is under stuck with all of the responsibility and liability if something goes wrong. the spotlight more Speaking of insurance, the landscape in New Zealand has recently shifted and more, so it is with the surprise departure of Lloyd’s of London as underwriter for builders’ pleasing to see guarantees globally. We take a look at what this means for our industry. valuable work Something that would likely improve all of our outlooks is to do more is now taking place of the things we enjoy. This applies to work, too. Have you ever thought in our industry to about what your favourite sort of building job is or who your ideal customer is? Business coach Graeme Owen explains this is more than address it wishful thinking and is an important part of creating a sustainable business – read more inside. PINK BATTS R3.6 CEILING Lastly, thanks to our suppliers, our customers and our own staff, many of 2 whom are raising funds for worthy causes in their regions. Read about this INSULATION 7.4M BALE and more in this issue! • R-values up to R3.6 to assist in keeping homes above 18°C as per the World Health Organisation’s recommendation for a healthy & comfortable home. • Easy to install, lightweight, flexible and simple design makes the installation fast & easy • Internationally certified for Indoor Air Quality, gives assurance that products meet strict chemical emissions limits Gary Woodhouse • Non-combustible, will not easily burn in the event of a fire TRADE PRICE • Made from over 80% recycled glass-making sustainable use of waste General Manager Operations • Designed for New Zealand building conditions $ +GST 3401049 55/BALE

Bonus offers exclusively to trade account holders only. Excludes Know How Rewards. All prices exclude GST. Products featured may not be stocked in all stores but can be ordered in at the advertised price. Offers valid from Wednesday 1ST April – Sunday 31ST May 2020.

1 CONTENTS BUILDERS' BUSINESS

NEWS PROPOSED CONSENT REFORMS – YES OR NO? 4 PAC NEWS February's Apprentice of the Month; Builders’ Business is a column by builders for builders. Its objective is to provide a forum, Apprentice Focus particularly for small business operators, in which to share knowledge, experience, tips and ideas 8 COMMUNITY NEWS PlaceMakers staff, suppliers and customers supporting local charities How do you feel about the government’s proposed reforms on modern methods of construction 9 PLACEMAKERS NEWS PlaceMakers new Trade App Q: (also known as prefabricated building)? 17 INDUSTRY NEWS MBIE responds to fraudulent use of LBP number; 10 LBP fined for not ensuring consents in place; New Firm: A1 Homes Wairarapa Firm: Form Builders Ltd Firm: John Creighton Builders Ltd Zealand’s insurance market shake-up; Conflicting Principal: Paul Southey Principal: Matt Stevenson Principal: John Creighton judgements on tiny homes; Latest consenting stats Location: Wairarapa Location: Christchurch Location: Christchurch 25 PRODUCT NEWS Healthy homes – everything you need to comply; Staff: 10 Staff: 13 Staff: 30 Be silica-safe with Nilfisk’s H-class vacuum The reforms on modern methods of The cutting of red tape as Streamlining the consent process construction will help build affordable proposed by government will at the factory level will benefit the FEATURES housing around the country. Prefab benefit the affordable housing construction of affordable housing, factories can build homes on a larger and social housing sectors in reducing the number of inspections 3 BUILDERS’ BUSINESS Business practices of your fellow builders scale, which would benefit first home a big way. and associated costs. buyers and those in need of social housing. 10 MBIE – CODEWORDS Find out how the Building Code has, and continues However, factory building is a small 22 to, evolve to meet the current needs of Unfortunately, the consenting process Any simplification percentage of the market, and even if New Zealanders remains an issue for traditional building, of the consent process, it grows with red tape being cut, there’s with long timelines and frustrations. still a large portion of the industry 12 MBIE – CODEWORDS Tried and trusted standards provide confidence so long as it’s when using timber joinery The councils are in the same boat as building traditional houses and having most of the building industry, in that they maintaining robust issues with the consenting process. 14 BRANZ Retrofitting insulation – managing requirements are understaffed and don’t have enough quality assurance versus reality resources to support the consenting Future reforms should look at improving process. standards, is reasonable the consenting process across the sector. The Successful Builder shares three strategies that 28 BUSINESS TIPS For high-end homes like those we build, have helped secure success for him and his clients I believe improvements can be made I think any simplification of it’s hard to find consistency in the way 30 SITE SAFE What’s happening in your world? Tips for tackling regarding other forms of building too. the consent process, so long buildings are inspected. With the council mental health in the workplace In our business, we might work with four as it’s maintaining robust contracting different consent officers, councils and the same designs might get quality assurance standards, you can find yourself with ten things 30 32 WORKSAFE An enforceable undertaking – improvement in place four different questions from each council. is reasonable. to fix or 100. of punishment When we build the same plan, the process 34 LEGAL Protect your tools! would be totally different again. For factory builds that offer Establishing a consistent approach products at the cheaper level, to building inspections would go a 36 BUILTIN Main contractors getting stuck in the middle due to More collaboration and sharing of not having to apply for consents long way. It would allow builders to limited Terms of Trade resources and documents between local at both the manufacturing know what to expect with every councils would allow companies, who and build stages streamlines the inspection and save having so many build similar designs in high volume across process and makes that model corrections to make, which slows down OTHER STUFF many councils, a more efficient process. more economically sustainable. the process.

40 SPONSORSHIP Working bee looking for a home

40 40 SKILLS MAINTENANCE Record your LBP skills maintenance – you’ve NOW HAVE YOUR SAY... earned it! SOME DISGRUNTLED HOMEOWNERS RECENTLY SUGGESTED BUILDERS SHOULD HAVE TO PROVIDE THE WIN! ISSUE 81 > APRIL/MAY 2020 AVERAGE NUMBER OF INSPECTIONS FAILED PER JOB. DO YOU THINK THIS WOULD ACCURATELY REFLECT >PUBLISHER > DCL Corporate Publishing > ENQUIRIES > [email protected]; (04) 384 5689 A BUILDER’S SKILL LEVEL? ANSWER THIS QUESTION TO ENTER OUR QUARTERLY PRIZE DRAW DCL Corporate Publishing reserves the right to accept or reject all editorial or advertising material. No part of Under Construction magazine may be published without the express permission of the Email your answer with your full name, contact phone number, company name, number of full-time staff and the publisher. All rights reserved. Opinions expressed or imagery in Under Construction magazine are not necessarily those of PlaceMakers or the publisher. No responsibility is accepted for the suggestions of city or town in which you’re based to [email protected]. All responses must be submitted the contributors or conclusions that may be drawn from them. Although the publisher has made every effort to ensure accuracy, the reader remains responsible for the correct use and selection of any tools, by 25 April 2020. The answers to this question will be published in Under Construction June/July 2020. materials and systems followed, as well as the following of any laws or codes or standards that may apply.

2 3 PAC NEWS PAC NEWS PLACEMAKERS APPRENTICE CREW PLACEMAKERS APPRENTICE CREW

HEADLINEFROM THE GROUND UP FEBRUARY APPRENTICE OF THE MONTH Standfirst Second-year apprentice aces his first project management task, successfully managing a unit Our apprentice column provides an opportunity for PAC members to share their views, experiences and ideas, re-clad and directing a team opy while providing insight for builders who employ them. This month’s question is: fter years as a hammer hand, C Moses St John decided it was A time to start giving directions instead of taking them. He started an apprenticeship with Lobell Construction in Hamilton, where he already worked. Now in the second year of What could the industry do to encourage more women his apprenticeship, the 36-year-old Q: into building and construction apprenticeships? couldn’t be happier with his decision and was thrilled to receive Apprentice of the Month in February.

“Two years ago, I decided it was time JUST2nd 3rd 2nd to better my life and get a trade Name: Andrew FINISHEDYEAR Name: Regan YEAR Name: Chelsea YEAR behind me,” says Moses. “I’m so Location: Akaroa Location: Wairarapa Location: Queenstown glad I did. Not only am I well on my way to graduating, but I really enjoy the work.” Apprentice of the Month Moses St John receives his Apprentice of the Month prize at PlaceMakers Te Rapa I haven’t worked with any I have heard guys say women Something I really wanted when female apprentices or builders, but can’t be builders because they I started my carpentry apprenticeship Lobell Construction works mainly on our PlaceMakers rep is a woman aren’t strong enough to lift heavy was to see other women working in commercial buildings and is currently planning and managing the process,” own devices in terms of planning. and she is the best rep we’ve had, things like framing, but plenty of trades. I searched social media re-cladding a multi-unit complex. It says Moses. “I had two other guys He also checked each stage to ensure so I know women can be just as guys aren’t super-strong either. If and found nothing. So, as they say, was for his work on this project that working with me, and a foreman to the work was done correctly before capable as men in trades. the job is getting done across the “be the change you want to see Moses earned his Apprentice of the help when required and check Moses and his team carried on. team, it doesn’t make a difference in the world”! When I started my Month title. progress, but it was definitely a big Builders are a pretty nice bunch who does what. apprenticeship, I started an Instagram responsibility.” “It was a great learning experience,” – at least the ones I work with page – shebuildsbro – with the hope that says Moses. “There’s so much to are. Some of that old ‘boys’ club’ I would say a more ‘user-friendly’ other women who might be curious about With half a dozen different systems consider when actually managing culture does still exist, though, environment would help – a working in trades would find it. And it It was great to and materials required – some of a project: the sequence of work, and it would be good to see positive and enjoyable culture, turns out they have found it! which Moses hadn’t used before – he the materials and how they’re installed, it gone. This would make the where everyone is supported. I have a supportive made sure to do his homework before and the people and their skills.” workplace more inviting for think if we treat everyone with I get messages all the time from women foreman who was proceeding. women. Ironically, I think if more respect, this has to be a good who have taken inspiration from knowing happy to answer Moses said having the chance to put women were in trades, this would thing and I think this will make the there are other women out there doing it “I read all the installation manuals cover his leadership skills into practice has help change some of that building site a welcoming place – it’s really motivating to know it’s making questions, but still to cover and then allocated different boosted his confidence and he looks old-school male culture. for women. a difference. It’s not just the Instagram left me to my own tasks to each team member, including forward to tackling similar challenges generation either. Last week, I had an devices in terms myself. Some were fairly standard, going forward. Maybe it would help if It’s my understanding that the email from a woman who is 39 and she while others, such as the EcoPly Barrier experienced female tradies went culture has already changed said seeing that other women are doing of planning system, I’d never used.” “When I was handed this job, I was to high schools talking to young a lot. I think back in the day, trades and loving it has encouraged her excited but nervous. I’ll definitely be women about opportunities the environment was a lot more to sign up to a Trade Certificate. Moses said it was great to have more confident going into the next one, in the trades? After that, what intimidating. The older guys call “For the first time, I was in charge of a supportive foreman who was happy to but nerves are also good to keep you about a pre-trade course that is my generation ‘the marshmallows’! I think social media can help lessen the re-clad of an entire unit, including answer questions, but still left him to his on your toes!” specifically for women? But there is much more awareness discrimination for women in trades, of mental health and wellness now, because guys now get to see us working Whatever the solution is, I believe and I think everyone understands in the industry and it becomes the new women can be just as effective as this is a good thing. I think this normal for them. Hopefully this will make PAC CASH TRADE DISCOUNTS men in trades and I’d like to see awareness makes the environment a difference to the culture long-term Don't forget that all current PAC members have access to more taking advantage of what on a building site a better place for and it won’t be thought of as unusual for cash trade discounts on safety gear and hand tools plus trades have to offer. both men and women. a woman to be working in a trade. other product ranges (some exclusions apply) at all PlaceMakers branches. Visit the PAC hub for more details - 4 pac.placemakers.co.nz 5 NEWS WHAT'S ON

PLACEMAKERS PRODUCT PICKS STUDLOK SL125-200 TOGE DUBEL PAN HEAD SCREWBOLTS

The MiTek® BOWMAC® range of StudLok™ screws has been specifically developed to provide easy alternative options for NZS 3604:2011. It forms an integral part of the MiTek truss and frame design layout. Available at PlaceMakers, pan head screwbolts The newest member in provide a low-profile quality anchoring solution. this StudLok™ range is Supplied by Toge Dubel, an innovative fastener the SL125-200 Green,

VALCHROMAT PANELS VALCHROMAT company from Germany, these pan head which is suitable for screwbolts provide a great aesthetic finish, fixing stringers to studs ideal for decorative close-to-edge applications. as well as numerous other applications Screwbolts are a non-expansion anchor that do where structural not apply lateral loads to the base material. strength for timber This makes them ideal for fixing into brick, block framing is required. Available at PlaceMakers now, Valchromat panels are quick and simple to install and provide an elegant and luxurious look. or in-situ concrete. They are available These innovative wood fibre panels are coloured throughout using organic dyes and bonded together with a special resin, giving in packs of 200 Their bimetal construction allows for a fast installation, Valchromat unique physical and mechanical features. They are available in 2440mm x 1220mm, in a range of colours and thicknesses. at your nearest and they have C1 Seismic ETA and NCC approvals The panels are pre-finished, durable and easy to machine, making them the ideal solution for projects where time is limited. PlaceMakers store. as required for high-specification applications. GIB WEATHERLINE RIGID AIR BARRIER SYSTEMS MILWAUKEE PACKOUT™

Launched in 2018, These new Scruffs PACKOUT™ has been Pro Flex trousers, one of Milwaukee’s available at fastest growing PlaceMakers, are categories. Milwaukee slim-fit and made Tool revolutionises from two-way tool transportation, stretch material. organisation, and storage MILWAUKEE® HEATED GEAR HEATED MILWAUKEE® They are lightweight Available at PlaceMakers, GIB Weatherline® acts as for the trades with the and comfortable, both an air barrier and secondary line of defence against PACKOUT™ Modular

Born out of necessity on jobsites and developed by teams FLEX TROUSER PRO NEW SCRUFFS yet strong water penetration into the building structure. Storage System. of advanced engineers, Milwaukee® Heated Gear and durable. combines patented Carbon Fibre Heating Technology with The sheets feature a water and mould-resistant, Designed to provide the power and durability of REDLITHIUM™ batteries to battle They feature fibreglass-reinforced gypsum core and a glass-fibre users with the ability to extreme temperatures. Cordura-reinforced, sheet face to provide excellent water, mould and fire interchange and interlock a wide assortment of top-loading knee performance. Sheets can easily be cut using the ‘score heavy-duty toolboxes, organisers, and storage totes Custom-developed materials maximise durability and pockets, along with and snap’ method, then fastened off using a collated in multiple different configurations, PACKOUT™ is an flexibility to outperform traditional fabrics against abrasion knee ventilation screw gun, with no harmful dust created. extremely versatile and durable modular storage system. and tearing. High-wear zone reinforcement and trade- for warm-weather New products include the PACKOUT™ Mounting Plate, focused features maximise utility and extend product life. comfort. The GIB Weatherline® Rigid Air Barrier System options Dolly and Crate. pockets and hems include: 30 and 60-minute fire resistance options for Adjustable heat technology allows users to adapt to changing are all reinforced timber and steel framing | Four structural bracing Available now at PlaceMakers, PACKOUT™ Modular conditions by increasing or decreasing the heat level with and adjustable options | A range of environmental noise control options Storage System gives builders the ability to fully the touch of a button. Powered by Milwaukee’s M12 battery tool loops adapt to most items, while reflective piping helps | A BRANZ appraisal | Suitable for buildings within the customise storage, enabling the stacking of tool boxes, range, PlaceMakers is pleased to stock this gear. assure safety on the worksite. scope of NZS3604 and Specific Engineering Design. organisers, totes and bags.

6 7 NEWS NEWS COMMUNITY NEWS PRODUCT NEWS

HEADLINEFEEDING THE FUTURE TRADE APP COMING YOUR WAY!

$3,500 raised for Hawera kids’ school lunches charity Kai Kitchen PlaceMakers is excited to be in the final stages of developing Trade App – a new digital tool designed to make life easier for busy builders or the past few years, PlaceMakers it would be a worthy recipient of our branches around the country have fundraising efforts. he new ordering and tracking app tidily allocated to each job and track Rollout is planned as follows: F rallied together to raise money is coming soon! Some of Trade each one, so you know exactly when for the Prostate Cancer Foundation in “We organised a silent auction of cakes, TApp’s key features include: it will arrive, as well as let members • Auckland and Christchurch – honour of Blue September. Last year, which were baked and donated by of your team make changes. All from early May branches were encouraged to continue locals who got behind the cause.” 1. 360-DEGREE ORDER your phone. This gives you total fundraising and to donate the money MANAGEMENT, WHICH MEANS visibility and control over your orders • Hamilton – late May raised to a charity of their choice. The local Rapid Relief Team – part of Kai Kitchen members with some of the cakes up for YOU’LL BE ABLE TO: to make sure you get the right stuff at PlaceMakers Hawera opted for an international charitable organisation auction. Michelle Mills (treasurer), Maree Beare • See all orders separated into job the right time. • Wellington – early June Kai Kitchen. that provides quality food services – (committee member) and Rochelle Steer (chair) accounts – including order type, found out about the auction and offered items, delivery details and status. PlaceMakers has been trialling an • Central Otago – late June The organisation, which provides to provide breakfast for the tradies who early version of Trade App with school lunches for kids who need it in turned up at the auctions. lunches is amazing. Teachers tell us • See live order status from some builders around the country • Regions – more info to come South Taranaki, has close links to the that it makes kids keen to participate, confirmation to delivery, so you already. Changes and adjustments Hawera branch, due to Retail Manager Maree says the auction was a bigger better behaved and happier overall. can check where your order is have been made based on their Maree Beare being a member of the success than she hoped, with between It’s such a worthy cause. Helping to at all times and when you can feedback, so Trade App will have committee. 60 and 70 people showing up. feed children who would otherwise go expect delivery. your back right from the start. without is helping our future. “We’ve previously raised money for “We raised $3,500, which is enough • Change your order, including Blue September and it’s a great cause,” to make a meaningful difference to an “We are very grateful to all our staff, delivery and collection dates. says Maree, “but this time, thanks to my organisation doing great work. customers and local volunteers who got connection with Kai Kitchen, our branch behind the great work Kai Kitchen is 2. FAST ONSITE DELIVERY manager Mike Zeylemaker thought “What they achieve by simply providing doing here in South Taranaki.” AND PICKUP, SO YOU CAN: • Place orders from PlaceMakers product catalogue directly on BUILDING SUPPORT FOR MENTAL HEALTH the app with live pricing and inventory. Staros receives over $10,500 to help those affected by suicide • Use couriers to get consumables on or his store’s charity focus, “The personal story behind STAROS is site fast to keep the job going. Hawke’s Bay Branch Manager incredibly moving and it was a privilege FAndrew Milne decided to support to hear from Warren about how it came • Select a pick-up option for products a local organisation that focuses on to be,” says Andrew. that can’t be couriered. mental health – STAROS. To raise money, Andrew and the team 3. CHOOSE DIFFERENT LEVELS “Suicide is something that affects people decided to build a cabin and auction OF ACCESS FOR YOUR TEAM, in all walks of life, our industry it off, with all proceeds going to WHICH MEANS YOU WILL BE included, so I wanted to raise money STAROS. ABLE TO: for a local organisation that works in The shed built by Hawkes Bay’s customers, with • Delegate who can place that area. “The materials for the cabin were donated supplies, which raised $10,500 for orders, amend orders and view generously donated by our suppliers, suicide support charity STAROS your pricing. We found STAROS, based in Hawke’s then about ten of our best builders Bay, which helps to support family donated half a day each to build it. The cabin raised more than $10,500 • Set a credit limit or give and friends left behind.” Construction took about two weeks. at auction. temporary access.

STAROS was started in March 2012 by “We were really blown away that our “STAROS does an incredible job and To put it another way – imagine yourself two parents, Warren and Teresa, who customers were willing to donate their we are very proud to be able to help,” as the main contractor, walking down were brought together because both time, when they are all so busy. We says Andrew. “We were humbled by the a row of 30 houses, with each builder had lost sons to suicide. The name is an put on a barbeque to say thanks and to generous support of our suppliers and firing orders at you. Previously, this acronym based on their sons – ‘Stu make sure they were all properly our builders who did an amazing job would have been be a big headache. and Ryan our sons’. fed and watered.” making this all come together.” Now you’ll be able to keep the orders

8 REGULATION - CODEWORDS MBIE

documents require updating regularly clarity to both councils and engineers, KEEPING UP THE BUILDING CODE to remain current with sector The Building Code, ensuring new buildings are being innovations and best practice. built safely and strongly enough to Acceptable Solutions and withstand liquefaction risks. CONSULTING ON CHANGE Verification Methods MBIE consults on the Building Code documents require updating MBIE is also making the National twice a year – every February/ Association of Steel Framed Housing March and August/September. The regularly to remain current (NASH) standard an Acceptable consultation runs for six weeks and with sector innovations Solution rather than an Alternative stakeholders are invited to make and best practice Solution. This will help support higher- submissions through the MBIE website density housing by increasing the on a range of issues raised for number of construction material discussion. by a second set in June 2019. The options available in compliance most recent round was published pathways. After the consultation closes and all in November 2019. submissions are analysed, Acceptable MORE INFORMATION Solutions and Verification Methods are LATEST CHANGES For more information you can check updated and published in June and The November 2019 changes are to: out the updated Acceptable November each year. Solutions and Verification Methods • Support safer and more resilient on the Building Performance website. The purpose of these biannual updates foundations for buildings on If you would like to receive email is to ensure effective administration of liquefaction-prone ground. updates on changes to the Building the Building Code documents. MBIE is Code and when consultations are open, committed to updating these documents • Improve consenting efficiency for available at building.govt.nz/about- twice a year, so that the Building Code steel-framed housing by introducing building-performance/news-and- keeps pace with innovation, current a new steel frame Acceptable updates/all-news-and-updates. construction methods and the needs Solution. of modern society. It also provides clarity, certainty and consistency to the The change to foundation requirements building and construction sector. on liquefaction-prone ground is already in place in the Canterbury The first biannual update changes were region and will now be extended to published in November 2018, followed all of New Zealand. This will provide

This article is an excerpt from Codewords Issue 94. Reading Codewords articles that are relevant to your licence class is a mandatory requirement for Licensed Building Practitioners. These questions can be answered through the LBP portal, online One of the most recent Building Code changes, published in November 2019, is to support safer and more resilient foundations for buildings on liquefaction-prone ground at underconstruction.placemakers.co.nz or recorded on the magazine, then provided at the time of renewal. CODEWORDS QUIZ ISSUE XX The Building Code is required to evolve over time to meet the needs of New Zealanders. CODEWORDS QUIZ ISSUE 94 To achieve this, the Ministry of Business, Innovation and Employment (MBIE) is holding biannual consultations and Building Code reviews 1 How often are the Building Code, 2 Acceptable Solutions are: 3 How can you make submissions on n New Zealand, building work must OPTIONS FOR DEMONSTRATING • Acceptable Solutions – simple step- Acceptable Solutions and Verification a Building Code consultation? Methods documents updated? a) Simple step-by-step instructions meet mandatory requirements. These COMPLIANCE by-step instructions that describe that describe specific solutions for a) By writing a letter to the minister. are laid out in the Building Act 2004 There are various compliance pathways specific solutions for complying I a) Once every two years. complying with the Building Code. b) Through the consultation section and its supporting regulations – the that may be used to demonstrate that with the Building Code. b) Twice a year. b) Test or calculation methods for of the MBIE website. Building Code. building work meets the minimum complying with the Building Code. performance requirements set by the • Verification Methods – test or c) Every time the Building Act is updated. The New Zealand Building Code is Building Code. calculation methods for complying c) The only solution that will be accepted under the Building Code. performance-based as opposed to with the Building Code. prescriptive. A performance-based Compliance pathways that must Building Code provides choice and be accepted as complying with The Building Code, Acceptable flexibility in demonstrating compliance. the Building Code include: Solutions and Verification Methods

10 www.building.govt.nz 11 REGULATION - CODEWORDS MBIE

NZS 4211:2008. This includes the confidence in performance. requirements are met. USING TIMBER JOINERY CORRECTLY appropriate air leakage and wind zone rating for the product, as established EASY TO IDENTIFY NZS MORE INFORMATION ONLINE through the testing. 4211:2008-COMPLIANT JOINERY NZS 4211:2008 is one of the standards It is easy to tell the difference between funded by the Ministry of Business, Generally, when specifying windows NZS 4211:2008-compliant timber Innovation and Employment (MBIE) and doors using NZS 4211:2008, joinery and other timber joinery. to support Building Code compliance. the following steps should be taken: NZS 4211:2008-compliant joinery The NZS 4211:2008 standard can will be fitted with identification tags be downloaded free of charge on the 1. Establish the appropriate wind that show relevant wind zone and Standards New Zealand website. zone in accordance with air leakage ratings. See example of NZS 3604:2011 Timber-framed NZS4211:2008-compliant timber NZS 4211:2008-compliant timber buildings section 5. joinery tag below: joinery product and installation details can also be downloaded 2. If the wind zone is beyond that from the Joinery Manufacturers’ given in NZS 3604:2011, see Federation website. section 10 of NZS 4211:2008. It also has a unique identification 3. Select a window that has been number that can be traced back to tested to NZS 4211:2008 and is the original registered manufacturer. Timber joinery products labelled as suitable for the relevant Tags are typically installed on the meet the requirements of the wind zone. frame in the rebate of an operable door or window sash, like those found current Building Code, but In May 2014, the wind zones in on fire doors. there are several Standards NZS 4211:2008 were revised to to consider, so it’s important align with the wind zones specified in Registered manufacturers of NZS 3604:2011. This incorporates the NZS 4211:2008-compliant timber to use them accordingly extra-high wind zone for more exposed joinery must work to a manufacturing building sites. standard to ensure quality. Structural The documents available on the website members within the joinery are outline opening trim preparation, Some NZS 4211:2008-compliant timber individually calculated using specialist flashing details, fixing methods and joinery suites have been tested beyond software and engineered calculation seal locations. They will assist in both Timber joinery provides many benefits – joinery details that closely mimic the traditional appearance of timber joinery allow replacement and renovation work to blend seamlessly the extra-high wind zone, so specifying charts. Timber species and size can be detailing and installing timber joinery these can give you additional altered to ensure relevant wind zone to appropriate standards.

Timber joinery is a feature of New Zealand heritage architecture and is a relevant part of This article is an excerpt from Codewords Issue 94. Reading Codewords articles that are relevant to your licence class is building and renovation today, but it’s important to know how and when to use it a mandatory requirement for Licensed Building Practitioners. These questions can be answered through the LBP portal, online at underconstruction.placemakers.co.nz or recorded on the magazine, then provided at the time of renewal. imber joinery products meet the timber joinery. product is manufactured from requirements of the current Building renewable timber resources and, CODEWORDS QUIZ ISSUE XX TCode, but there are several • Joinery details that closely mimic with the proper maintenance, it can Standards to consider, so it’s important the traditional appearance of last 50-plus years. CODEWORDS QUIZ ISSUE 94 to use them accordingly. The following timber joinery allow replacement tried and trusted standards can give you and renovation work to blend SPECIFY THE RIGHT PRODUCT confidence that you are following good seamlessly. FOR YOUR JOB 4 What is the simplest way to check 5 Can NZS 4211:2008-compliant 6 How do you determine the wind practice. In New Zealand, testing the that timber joinery is manufactured timber joinery be used in an extra zone of a property? to NZS 4211:2008? high wind zone? • Surface coatings that can be weathertightness performance a) By using the procedure laid out in BENEFITS OF TIMBER JOINERY repaired relatively easily on site of individual windows and doors a) Measure window profile sizes a) Yes, if has been tested and certified NZS 3604:2011 Timber-framed Timber joinery provides many benefits: and colours that can be changed to for external use is done using and check the designer’s plans. for this use. buildings. suit the client’s needs. NZS 4211:2008 Specification for b) Locate the identification tag on b) No. b) You need to measure the wind • Higher thermal resistance performance of windows. This standard the door or window frame. levels on site. compared to some commonly used • Added design flexibility due to the also includes glazing systems. c) Only if the homeowner signs c) Contact the manufacturer. a disclaimer. c) By checking the weather building products. relative ease in modifying timber forecast. profiles. Windows and doors that pass • Condensation is reduced or NZS 4211:2008 testing can be eliminated with double-glazed • Reduced carbon footprint, as the labelled as being in accordance with

12 www.building.govt.nz 13 NEWSTECHNICAL BRANZ

RETROFITTING INSULATION

Figure 1

steel-framed buildings and covers both CHECK RECESSED DOWNLIGHT If downlights are being replaced, new and existing buildings. RATINGS unmarked fittings must be considered Recessed luminaires – or downlights to have a do-not-cover classification Insulation can be installed, retrofitted – are common in ceilings of houses and cannot be installed in residential or upgraded relatively easily in roof built since the 1980s. Older recessed buildings. spaces that have good access by either: downlights must not be covered and If linings or claddings need to be replaced, it is a good opportunity to install insulation at the same time. require a 100mm gap between the OPPORTUNITY IF REPLACING Remember, a building consent is required to retrofit insulation into existing walls • Fitting bulk insulation between and downlight and the insulation. LININGS OR CLADDING over ceiling joists or bottom chords If linings or claddings need to be of trusses. Newer downlights are likely to have replaced, it is a good opportunity to Tricky access can be a problem when retrofitting insulation into an older home. However, a rating classification marked on the install insulation at the same time. There as the push continues to insulate homes, we look at some of the options and things to consider • Installing blown-in loose-fill fitting. According to the rating, they are other options available that don’t insulation. may: require linings to be removed, such as blown-in insulation. BRANZ is currently ouses built before 1978 were a minimum standard for insulation in reduction in thermal performance as Skillion roofs have limited access, so it is • Be covered with insulation (IC or researching these options and will not required to be insulated, and rental properties. a result of the window installation. not as easy to fit insulation, but it can be insulation contact) report on them in the future. Hsome older houses still have no installed by: insulation or are only partially insulated. BUILDING CODE REQUIREMENTS A building consent is required to • Abut insulation (CA or close TIMBER CLADDING Where insulation has been installed, it The principal Building Code clauses retrofit insulation into existing external • Removing the roof cladding. abutted) When replacing external cladding, often does not meet current Building applicable to insulation are clause walls, but the installation of underfloor insulation can be installed between Code requirements and is not performing H1 Energy efficiency, clause E3 Internal and roof insulation does not require • Removing the ceiling lining. • Have no clear marking and require studs from the exterior. Lay new wall satisfactorily. moisture and clause B2 Durability. a building consent. This is because the a minimum clearance from both underlay over the framing before the installation of insulation in the walls may • Fixing battens to the underside of insulation and other building new cladding is fixed. The new cladding Retrofitting insulation into an existing New building work, such as extensions, have a significant impact on the water the existing ceiling, fitting insulation elements in accordance with the needs to be installed at the same time building is not always easy, and options must have insulation installed that management and hence durability of between the battens and installing manufacturer’s instructions or as the insulation and underlay is fitted. may be limited by accessibility and complies with the requirements of these the wall. a new ceiling lining. the default clearances given in Otherwise, a suitable protection such cost. For example, walls, skillion roofs, clauses, while alteration work must NZS 4246:2016 and AS/NZS as temporary tarpaulins should be low-pitched roofs and some underfloor comply with the Building Code ‘to at OPTIONS FOR INSTALLING ROOF • Building a suspended or lowered 3000:2007 Electrical installations provided to protect the insulation until spaces are hard to access, making least the same extent as before the INSULATION ceiling into which insulation can be (see Figure 1). the new cladding is installed. installation difficult, and the cost may alteration’. NZS 4246:2016 Energy efficiency – inserted. not be justified. Installing bulk thermal insulation in The same rules apply to the driver When replacing internal linings, In theory, if a new window is inserted residential buildings provides guidance • Inserting insulation between units. If the units can be separated insulation can also be installed between However, the Healthy Homes Act, which into a wall, additional insulation may on the methods of installing bulk exposed rafters and installing new from the light, they will be marked studs. Check the underlay first and only became law on 1 July, 2019 requires be required in the wall to offset the insulation in light timber-framed and ceiling lining over the rafters. as well. install if there is underlay and it is in

14 www.branz.co.nz Story continues overleaf 15 TECHNICAL NEWS BRANZ INDUSTRY FOCUS

RETROFITTING INSULATION CONTINUED LBP IDENTIFICATION FRAUD

The recent conviction of Christchurch builder Rodney James Day brought to light the vulnerability good condition. If there is no underlay REDUCING HEAT LOSS FROM of LBP numbers being available for anyone to see or it is in poor condition, there are A building consent is required CONCRETE FLOOR SLABS two methods described in If renovations are being carried out s reported in a previous Under NZS 4246:2016 section 5.4.1. to retrofit insulation into and there is sufficient internal ceiling Construction issue, Rodney existing external walls, but is height, the existing floor slab may AJames Day was the first BRANZ’s preferred option is installing not required for the installation be overlaid with a polythene unlicensed builder to receive a criminal the insulation with a 20mm minimum membrane, 25mm thick polystyrene sentence after he was found guilty in gap between the back of the cladding of underfloor and roof insulation board and a 75mm minimum thick Christchurch District Court of forging and the insulation to allow for drainage concrete topping slab laid over documents to carry out building work and drying. Both types must be fitted closely to the the polystyrene. in 2016. underside of the floor, leaving no gap EXTERIOR CONCRETE MASONRY for air movement. The concrete topping slab should also The documents included the forged To protect LBP numbers and names from being used by non-licensed people, homeowners and business operators OR IN SITU CONCRETE WALLS be isolated from the existing timber signature of a Licensed Building should verify a builder against his or her LBP identification card Insulation options for concrete If wind wash is an issue, consider: framing with a damp-proof membrane Practitioner (LBP) claiming they had masonry or in situ concrete walls to prevent moisture from the concrete reviewed Day’s work and signed off completed against their number from plumbers and council inspectors include: • Attaching sheet material, such as being absorbed by the timber. the paperwork for buildings he was and follow up on any inconsistencies.” about the possibility of fraud. The public polythene, hardboard or plywood, working on in 2016. can search for name or location, but • Installing an Exterior Insulation to the underside of the joists to OPPORTUNITIES TO IMPROVE While this may work in some instances, the numbers are not visible. However, and Finish System (EIFS) system protect the insulation. PERIMETER Day’s criminal activity caused it doesn't help if the offender uses for LBPs, legislation requires that to the exterior. The perimeter of a concrete slab is even repercussions for the people who the name and number of a builder numbers be listed on the public register. • Using a high-density insulation that more important for heat loss. employed him in trust, as his work was in another region, as has happened • Strapping, insulating and lining is not affected by wind wash. unlawfully conducted and of a poor previously. The risk of contracting someone who the internal face of walls. Retrofitting 25mm of extruded standard, incurring extra costs as is using the LBP number and name of • Putting in extra insulation to polystyrene vertically down the outside a result. Multiple councils were approached for someone else can lead to considerable SUSPENDED TIMBER FLOORS compensate (see BRANZ Study of the footing is likely to improve the comment but did not respond. losses for homeowners. Where there is good access to the Report SR354). thermal performance as much as the While this was all happening, the subfloor space, insulation can be topping slab insulation. builder whose name was being used by MAKING SURE THE BOOT FITS “Using an unlicensed tradesperson fitted between the floor joists. Insulation In exposed or wind-wash areas, it’s Day had no knowledge his name This is not the first time this has occurred. can have implications for the that is specifically designed for important to use fixings or strapping See BRANZ Study Report SR352 and LBP number was being used Last year, Christchurch-based Brookes homeowner, as they might not be installation under floors includes to hold the insulation in place. This Perimeter insulation of concrete slab fraudulently. This brought attention to Hales Sheehan was convicted of insured for damage caused by poor friction-fitted polystyrene and bulk should follow NZS 4246:2016 or the foundations, available from the fact that LBP names and numbers, fraudulently using an LBP’s name and workmanship, and may not be able to insulation blankets or rolls. manufacturer’s instructions. www.branz.co.nz/study_reports. which are publicly available, could be number from Whanganui. Sheehan get the certificates needed for council used by anyone to sign off work. was caught when his company director sign-off,” said Connor. noticed the name on his records of work This article was first published in issue 175 of BRANZ Build magazine. www.buildmagazine.org.nz. MBIE Occupational Licensing was under his real name, and that the To protect LBP numbers and names from Words and figures supplied by BRANZ. Operations Manager Duncan Connor name wasn’t on the LBP register. He being used by non-licensed people, says: “MBIE will look to prosecute was fined $13,000 by the Christchurch homeowners and business operators PROVE YOUR KNOWLEDGE anyone who unlawfully carries out District Court. should verify a builder against his or Restricted Building Work (RBW) or her LBP identification card. Connor Tick the correct answers below and record what you’ve learnt in the record of learning on the back page! fraudulently pretends to be a Licensed “MBIE encourages anyone who is suggests that LBPs can help in this area. Building Practitioner in situations where engaging someone to do Restricted 1) What principal Building Code clauses 2) Which of the below requires a building 3) If there is sufficient internal ceiling height, we are made aware of this activity.“ Building Work on their home to check “By always presenting their ID card are applicable to insulation? consent? the existing concrete floor slab may be if they’re an LBP. This can be done by when they turn up to do work, LBPs overlaid with which of the following? a) Clause H1 Energy efficiency. a) Retrofitting insulation into existing However, monitoring the use of LBP checking the public register and asking can also drive behaviour and consumer external walls. a) A polythene membrane, 25mm thick numbers is not under MBIE’s domain, to see an LBP’s identification card,” expectations around the process.” b) Clause E3 Internal moisture. polystyrene board and a 75mm b) Installing underfloor and roof insulation. and there is currently no nationalised said Connor. c) Clause B2 Durability. minimum thick concrete topping slab alert system for the use of LBP numbers. However, this places the onus on c) Both answers. laid over the polystyrene. d) All of the above. The Plumbers, Gasfitters and homeowners and developers — there b) A polythene membrane, 75mm thick polystyrene board and a 25mm “If an LBP is worried about the use of Drainlayers Board previously took steps is currently no way for an LBP to minimum thick concrete topping their number, they can query their to remove their tradespeople’s numbers protect his or herself from someone slab laid over the polystyrene. local BCA to see what work has been from the public register after complaints else using it. NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

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LBP AND HIS COMPANY FINED FOR NEGLIGENCE LLOYD’S EXIT SHAKES UP INSURANCE MARKET

An LBP was fined $6,000 New Zealand’s major builders’ by the Building Practitioners guarantee underwriter Board and his company was withdraws from market fined $54,000 by the courts, after supervising building work t the end of 2019, Lloyd’s of without ensuring the necessary London, which underwrote building consents were in place A three of New Zealand’s four main building insurance providers, he building company responsible withdrew from the building guarantee was prosecuted, received a fine of market globally. This left Registered T$54,000 and received a criminal Master Builders as the only provider conviction. In addition, the landowner, with a current warranty product in Papamoa Village Park (PVP), was New Zealand (as they self-insure). fined $24,750 after being convicted of one representative charge of carrying The other three main providers, out work without a building consent. New Zealand Certified Builders, According to the court decision, PVP Builtin Insurance and Stamford believed that the buildings did not Both the court and the Buidling Practioners Board issued fines in this case Insurance were all previously require a building consent because they underwritten by Lloyd’s. were relocatable dwellings, and told the LBP this before the work commenced. It is important to note that while Lloyd’s BPB DECISION It is the responsibility of Following Lloyd’s exit, there are currently two options for building insurance in New Zealand The council and court did not agree that The Building Act states there may be has withdrawn and is not backing any consents were not needed. grounds for discipline by the Board LBPs to ensure that any new guarantees, all existing policies if an LBP has carried out or building work they carry underwritten by Lloyd’s taken out before It is open to residential building Having specialised in construction Between 2016 and 2018, the LBP in supervised building work or building out or supervise has the 31 December 2019, will remain valid. companies with a solid financial insurance and builders guarantees question supervised construction of 28 inspection work in a negligent or position, a good track record and for more than 20 years Builtin is relocatable dwellings in Papamoa, 24 incompetent manner. In this case, the necessary building consent in At the time of publication, NZCB robust construction management and no stranger to the whims of the of which were completed and occupied. Board had to decide whether the LBP place before it is commenced and Stamford were seeking new quality control processes. insurance market. It and many of He had ten years of experience in the had been negligent by carrying out underwriters, while Builtin Insurance its customers were affected by the industry, having previously carried out building work that required building managed to secure a new underwriter “We’ve been able to ensure an almost shock collapse of CBL Insurance in around 800 new residential builds. consents without those consents being LEARNINGS in mid-January and has been offering seamless transition for all our existing 2018, an A-rated, licensed insurer in place. It is the responsibility of LBPs to ensure insurance for new projects since then. accredited builders onto the new policy, that was a leading player in the During 2018, Tauranga City Council that any building work they carry out meaning that there is no interruption to market for builders guarantees both issued a stop work notice on the The Building Act sets out that, unless or supervise has the necessary Ben Rickard, marketing manager at their business or the cover they can offer here and internationally. grounds that the construction of the 28 an exception can be established, all building consent in place before it is Builtin, an insurance agency that their clients.” dwellings required building consents. building work requires a building commenced. If LBPs receive advice specialises in construction insurance Builtin’s experience means it has taken The council later lodged a complaint consent. The Board noted that, after from clients that building consent is not and builders guarantees, described its Builtin began its search for a new a cautious approach to its search for against the LBP for carrying out being informed by the client that needed, it is still the responsibility of new policy as “a real alternative for underwriter when it became clear that a new provider. Rickard said: “the unconsented work, and an investigation building consent was not required, the the LBP to check that this information is homeowners, who want to use a builder Lloyd’s was no longer interested in SOPAC team comes well recommended was opened by the Building LBP had taken no steps of his own to correct by making sure that it is that is not a member of the Registered underwriting builders’ guarantees. It by the London broker who assisted in Practitioners Board (the Board). check that this was correct. Instead, the covered under either Schedule 1 of Master Builders Association, but also led them to Southern Pacific Insurance our search. We’ve also been impressed LBP took PVP’s word and continued with the Building Act (which has limited want, or need if their lender requires Corporation (SOPAC), a US-regulated by their approach to this partnership, After learning of the complaint against construction. exemptions) or by an exemption issued it, the reassurance of an independent, corporation that specialises in their understanding of the market, him, the LBP provided a written response by the council. If there is any doubt, they third-party guarantee". construction bonds and performance their risk profile and underwriting stating that he had been relying on Given the circumstances, the Board should make enquiries with the building guarantees. SOPAC is a privately disciplines.” advice from the property owner that decided that the LBP had committed consent authority to ensure that full Builtin’s independent guarantee assures owned, US corporation headquartered building consents were not required a grave error in judgement, and that his disclosure of the intended building work homeowners that the home they have in American Samoa. SOPAC provides Builders interested in joining Builtin’s wfor the project. He noted that, once he actions constituted negligence. Due to is made. paid for will be free of defects, and be surety and financial products in markets programme can request accreditation was made aware that this advice was the serious nature of the LBP’s actions, completed at the agreed price if a new worldwide, including the United States, at: www.builtininsurance.co.nz/10- incorrect, he had taken appropriate the Board considered that disciplinary This decision and other past decisions builder needs to step in to replace an Europe, the Middle East and South year-guarantee steps to obtain building consents. action was warranted. can be read in full at: lbp.govt.nz insolvent builder. America.

20 21 NEWS INDUSTRY FOCUS

Considering whether the unit in build, how close to the boundary COUNCILS STEP UP A NOT-SO-TINY DILEMMA question was a vehicle or a building, and the percentage of land covered Amid the confusion, some councils the judge said he was not convinced by buildings. are taking action to make the process the two unconnected axles and of building and/or living in a tiny separate wheels constituted a vehicle, The council can issue an abatement home easier. despite having been registered as notice if it believes the building work a trailer. requires a resource consent or does New Plymouth District Council has not comply with a resource consent been cooperating with NZ Tiny Homes, “I am far from convinced to any it has issued. so that every build coming out of reasonable standard of proof that the factory is complete with a Code it is possible to incorporate the tiny An appeal can be made against an Compliance Certificate (CCC). house into a warrantable or certifiable abatement notice to the Environment roadworthy vehicle using the axles Court, as Jono Voss did, if the owner This means buyers have a record the and wheels lying on the property,” believes an abatement notice is tiny home complies with the Building Act the Judge said. not warranted. before they relocate to their respective area. However, a resource consent still SAME STORY, DIFFERENT COURT, The court will refer to the RMA and needs to be obtained. DIFFERENT ENDING district plan to decide whether there North Canterbury man Alan Dall also has been a breach. The Marlborough District Council has featured in Under Construction’s report. created a pamphlet detailing when He was challenging the Hurunui District a building consent is required, in Council’s view that his tiny home on response to a rising number of small wheels was a building, not a vehicle. dwellings in the region which do not After going to the Ministry of Business, Amid the confusion, have building consents. Innovation and Employment (MBIE) some councils are for a Determination, it was found his taking action to In 2019, six tiny homes were ordered tiny home was “more akin to a building”. to be brought up to regulation, after make the process of complaints notified council of the Dall has since appealed MBIE’s building and/or dwellings’ existence. decision to the Christchurch District living in a tiny Court, winning his case in February, The pamphlet explains that and having his tiny home defined home easier accommodation defined as a as a vehicle. vehicle could still require a building consent in certain circumstances Judge Mark Callaghan concluded A building consent considers whether including if the owner wants The tiny home situation continues to confuse homeowners and builders, with two courts coming to different decisions on how they should be defined. that MBIE was mistaken in its decision, the proposed building work will comply a permanent service connection Photo provided by NZ Tiny Homes deeming Dall’s tiny home a vehicle with the Building Act and the Building for water, drainage or power, and because it was registered, warranted, Code, and requires the names of LBPs will require a resource consent and movable. who will carry out restricted building for vegetative clearance, water or The fight over correct definitions and regulations to be applied to tiny homes continues, work prior to the work being done. If construction near a riverbed. with recent determinations coming from the Ministry of Business, Innovation and Employment MULTIPLE CONSENTS AT PLAY the Council believes the work has not and New Zealand courts muddying the waters The building process requires been done according to the building Information from the Resource compliance with two Acts, The consent or the building code has been Management Act, Building Act, n Under Construction’s previous story case of Jono Voss in Lower Hutt, who In its decision, the Environment Court Resource Management Act (RMA) compromised, they will issue a ‘notice Building Code, and MBIE covering this issue, confusion over appealed to the Environment Court stated that the case “has nothing and the Building Act. to fix’ requiring the builder to make determinations was compiled into the Iwhat constitutes a ’building’ was in October 2019 regarding Hutt whatsoever to do with the merits or changes. Similarly, if a consent was pamphlet. The council says that anyone highlighted as an issue being City Council deeming his tiny home otherwise of tiny houses”. A resource consent is special permission not sought, and the council decides looking to build a tiny home should disputed by homeowners and local a building rather than a vehicle. from the local council if you wish one should have been, it can also issue speak to their local council first to gain councils. “The Council’s concern in this matter, to carry out any activity which is a notice to fix. accurate advice. The Environment Court released its which led to the issue of the abatement inconsistent with the RMA and your Both tiny home builders and aspiring decision on 31 January, stating it notice, was not the use of the tiny house local district or regional plan. Whether The owner can challenge a notice WHO CAN BUILD TINY HOMES? homeowners were asking for clearer upheld the Hutt City Council’s view that as a dwelling, but rather that it did not or not a resource consent is required to fix by applying to MBIE for In a future issue, Under Construction will rules, citing contradicting responses Voss’ unit should be defined as a house, comply with various permitted activity will depend on the zoning of the a Determination, with further appeal take a closer look at who can build tiny from different authorities. and therefore should have sought conditions with which all buildings in the property and the size and location of to the District Court if the party to the homes, and what aspects of tiny home appropriate consents before building zone are required to comply,” reported what you want to do. Most District plans Determination is not content with builds may require licensed builders to Under Construction reported on the on his friends’ property. the Environment Court. place restrictions on how high you can MBIE’s decision. carry out.

22 23 NEWS INDUSTRY FOCUS PRODUCT NEWS

CONSENTS START SLOW IN 2020 CONTROLLING RESPIRABLE SILICA DUST

The annual number of new townhouses, flats, and units consented reached a record high of around 8,400 in the January 2020 year

The first month of 2020 saw a slight slow-down in consents, but the bigger picture shows Respirable crystalline silica (RCS) dust is created when materials containing silica are cut, ground, drilled, polished or otherwise disturbed a record number of consents over the full January 2020 year

total of 2,564 new dwellings dwellings month on month. manager Melissa McKenzie said. Nilfisk vacuum – the approved answer to a cleaner construction environment were consented in January A— representing a seasonally Five regions saw a decrease in The number of townhouses, flats, reathing in crystalline silica dust on The WorkSafe Guidelines, Silica dust Standard AS/NZS 60335.2.69 adjusted 2% decrease, after rising consented dwellings over the same and units consented has doubled since site can be hazardous for workers in the workplace, and Controlling dust and fitted with a filter that can achieve 9.9% in December. period, led by Auckland (down 178 to 1992, aligning with population growth Band, as an industry, there is plenty with on-tool extraction, provide clear an efficiency of 99.995%. This is the 950; -16%), Bay of Plenty (down 84 to of nearly 1.4 million people during of opportunity to better address how requirements that need to be addressed only performance level accepted by The January figure comprised 1,584 146; -36%), and Northland (down 45 the same period. these risks are dealt with. by PCBUs where RCS dust is created WorkSafe to safely capture the minute stand-alone houses, 615 townhouses, to 40; -53%). Tasman, and by tools. particle size of RCS dust. flats, and units, 242 apartments, Marlborough also experienced NON-RESIDENTIAL BUILDING In November last year, WorkSafe and 123 retirement village units. decreases. Gisborne saw no change. CONSENTS took a step in that direction by When working with a known hazardous It is the PCBU’s responsibility to In the year ended January 2020, updating its guidelines for control dust, tradespeople choosing vacuum eliminate or reduce the level of In the year ended January 2020, the RECORD NUMBERS non-residential building consents and extraction specification when cleaners as their control method are construction site dust. Operator training, total number of dwellings consented The annual number of new townhouses, totalled $7.5bn, up 4.8% from the working with respirable crystalline expected to select a machine that regular maintenance and testing, as was 37,606 — up 12% from the year flats, and units consented reached January 2019 year. The building silica (RCS) dust. has been tested and approved at the well as safe storage and transportation, ended January 2019. a record high of around 8,400 in types with the highest value were: design/manufacturing stage to perform are all elements that PCBUs need to the January 2020 year. This is a 28% Silica is a natural substance found in to a certified level. Standard vacuums, have in place to ensure the chosen IN THE REGIONS increase compared to the January • Education buildings — $1.1bn concrete, bricks, rocks, stone where the actual level of dust collection, control measures are being used Ten of the 16 regions consented more 2019 year. Apartments consented also (u p 11%) (including artificial or engineered stone filtration, and leakage cannot be correctly and effectively. dwellings in January 2020 compared grew 24%. found in composite kitchen benchtops), verified, are not appropriate. A common to January 2019, led by Canterbury • Offices, administration, and public sand and clay. RCS dust is created misconception is that installing a ‘HEPA According to Nilfisk, its vacuum is a fully (up 155 to 469; +49%), Hawke’s Bay “Multi-unit homes are making up transport buildings — $960m when these materials containing filter’ into a non-certified vacuum is compliant dust extraction solution. The (up 58 to 86; +207%), Nelson a greater portion of new homes (u p 7. 6%) silica are cut, ground, drilled, polished an adequate solution – according to company also supplies additional (up 50 to 56; +833%) and Wellington consented, partly driven by or otherwise disturbed. One of the WorkSafe, it is not. support in the form of customised power (up 49 to 200; +32%). Waikato, intensification in Auckland. However, • Shops, restaurants, and bars — worst potential hazards for workers is tool integration to ensure safe, clean Manawatu-Whanganui, Taranaki, stand-alone houses still account for $945m (down 20%) silicosis, a progressive and deadly When working with RCS dust, WorkSafe handling of construction site dust from West Coast, Otago, and Southland about 60% of all new homes consented disease that causes fibrosis of the guidelines require using an H-class the moment the dust is created, through were other regions to consent more nationally,” construction statistics lungs from inhalation. vacuum cleaner in accordance with to its final disposal.

24 25 NEWS TRADEMADE DEALS PRODUCT NEWS

HEALTHY HOME STANDARDS OVERVIEW

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he requirements cover drainage, draft stopping, heating, ventilation Tand insulation. Heating and ventilation are often overlooked by property developers during the project, and PlaceMakers provides solutions to meet these standards using these products.

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26 TIPS THE SUCCESSFUL BUILDER

and the best referrals. Yet these people much easier. pay on time? Does this building contract BUILDING A SUSTAINABLE BUSINESS are probably their ideal clients. protect me against unforeseen issues? So, what’s your favourite client profile? Can I make the same amount of profit They are the people you just seem to How old is s/he? Where do they live? with less risk? ’hit it off’ with. They love what you have What are their preferences? What do done for them and tell everyone they they want? When I realised that building businesses know about you. What’s more, you often have large turnovers, and small really enjoyed working with them. If you Most importantly, what are you doing to adjustments can make a huge difference had a choice, all your clients would be attract more of these? If it’s not enough, to returns, finding my coaching fee like these people and what a fantastic look at how you can reach these quickly was not difficult – another business you’d then have. potential customers. reason I chose building businesses.

But the reality is, you can choose. 3. MAKE PROFIT So, what jobs are making profit for The bottom line of any business is profit. you? Where have you lost money? When I ask some builders who their Too often I hear the complaint that there What difference would it make to favourite clients are, they look at me are lots of dollars going through the your business if you only worked on blankly. Yet if I ask them what their business account, but very little profit at profitable jobs? favourite truck is, I get an instant the end of the day. It’s not alright to do answer! Now, what’s more important? all that work and not have much to show Surely having favourite clients. for it.

There is nothing worse than scoring The thing is, if the economics of a large job and then discovering a business are not right, then it doesn’t Make sure you know what kind of client is your ideal client, then go about getting more of them part-way through that you are working matter what else might be going TAKEAWAY with a very difficult client – one with well, the business is not going to be Each of the above concepts are impossible expectations. If only you had sustainable. Economics do matter. important by themselves. But Our regular business coaching contributor shares his own experience in building a sustainable known that earlier, you wouldn’t have Profit is important. imagine if you had a business business – and offers three key factors to make it work bothered following up the lead. where all three were in play? But you didn’t check out if they fitted So, when you are thinking about Imagine your business where tarting a business can be really Moreover, should they come across homes, with the focus on speed your ‘favourite client’ profile. your next client and job, ask yourself you are known as the specialist, difficult! Fifteen years ago, when a new problem, they know where to and efficiency – organising the subbies the following questions: Am I sure working only with clients you love, SI started my coaching business, go to find help. and getting the job done in the When I discovered that my ideal I can complete this job efficiently? and on only jobs that made profit! I had a great coaching system but only best possible timeframe with a solid builder is qualified, has a great work Have I priced it correctly to ensure it Do you think your life might a few clients, which was difficult. So, when they present to a potential outcome. ethic and integrity and loves delivering generates my desired profit? Are these be easier? client, they do so as an all-round excellence, it made locating them the kind of people who can afford to Fortunately, I quickly discovered that building guy. However, almost every The thing is, when you specialise in the handful of building clients I had at builder I have worked with also prefers doing what you are really good at, Graeme Owen is a builders’ business coach at thesuccessfulbuilder.com. Since 2006, he has helped builders throughout the time responded particularly well a certain type of work. you start to get a reputation as an New Zealand get off the tools, make decent money, and get more time in their lives. Grab a copy of his free book: The 15 Minute Sales to my coaching programme. I decided expert in that area. That attracts Call Guaranteed To Increase Your Conversion Rate: thesuccessfulbuilder.com/book-15-min-sales-call or join Trademates this was a sign and stuck with them, Some love renovations and would do better customers and, because you and connect with builders who are scaling too: www.facebook.com/groups/TradeMates developing a solid coaching business nothing else if they had the choice. are working in one area, you become by focusing on builders – thus The Being the expert, solving unexpected even more competent. Because I have Successful Builder was born. Since then, challenges and having to rely on specialised in builders for so long, I find PROVE YOUR KNOWLEDGE I’ve had the privilege of helping many personal experience gives them there’s no situation I meet these days Tick the correct answers below and record what you’ve learnt in the record of learning on the back page! builders become successful business a real buzz. They love working with that I haven’t met before. owners. homeowners and helping them plan changes to their home. Ask yourself: What kind of building 4) Which of the following is NOT 5) According to the article, which of the 6) Why can having large turnovers help In the process, I discovered three work do I prefer doing? What kind of a reason you should specialise in following attributes might be good to increase profit? something you are really good at? have on your ‘favourite client’ profile? transferable keys to building Others prefer high-end architectural work gets me most excited? What kind a) Because it usually means lots of clients. a sustainable business, and I teach builds, where cost is not a huge focus of work am I really good at? Then look a) It makes it easier to build your a) NZ Rich List member. reputation as an expert in that area. b) Because people building houses have these to all my clients. and challenge. They find fulfilment for work in that area, and promote b) Has realistic expectations. a lot of money. in working with good designers and yourself as a specialist. b) It attracts better customers. c) Is working with an architect. c) Because a small adjustment can make 1. BE A SPECIALIST engineers, and being part of a team c) You will never have difficult clients. a huge difference to returns. Most builders I work with are working on award-winning homes 2. FANTASTIC CLIENTS above-average tradespeople. They are and buildings. Too few builders actually stop to think resourceful people, who can turn their about the kind of clients from whom they hand to almost any building problem. Others prefer building typical new get the best results, the best references NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

2828 www.thesuccessfulbuilder.com 29 HEALTH & SAFETY SITE SAFE

The key messages in it are: Kristal McGill from The Switched On He says that’s where the pocket guide HELP YOUR MATES Group also says the pocket guide is helps. • Be approachable – don’t judge a top resource and they will use it as the and don’t try to have all the firm rolls out its own initiatives this year. “I’ve always said, it’s not like we don’t answers. Currently it is focusing on how alcohol care or want to check up on our mates, can affect people at work and home it’s just we often don’t know how to. Below: a new pocket guide about • Be empathetic – try and put and how to reach out to services if they, We need to change that.” how to have conversations about yourself in their shoes, or boots. or someone close, may be struggling mental health, available for free with addiction issues. Dave agrees, and he says helping download on the SiteSafe website • Be willing to listen – give them your someone is actually pretty easy. full attention and let them know it is The company is also about to run confidential between you and them. workgroups with managers and “You may not be aware, but every one of supervisors to help them spot people us possesses a very powerful gift. You BREAKING THE ICE who are distressed – including how may not know that you have this gift, but Auckland electrical contractor Dave to keep an eye on themselves – and trust me, you do – it is the power to give Burt uses a question to break the ice is giving them the resources to help and provide hope. with people, which is one of the support their people. suggested phrases in the guide: “Having experienced depression, I can “What’s happening in your world?” “This will build on training provided tell you hope is something I will never during 2019 and will take all people take for granted again. For those It’s an open-ended question he came leaders through our best-practice dealing with a mental health issue, up with after dealing with depression approach, our resources and our hope is all powerful. himself. It’s detailed in his book support for both the manager and Lengthening the Shadows. It can be individuals involved,” Kristal says. “Think of someone in your life who a dark topic but, according to reviews, means a lot to you, be it a family Being approachable, empathetic, and ready to listen can go a long way in helping someone get stuff of their chest the book is a moving, funny account JUST LISTEN member, colleague or maybe a mate,” about a guy who struggled on by Paul says one of the issues people worry Dave says. himself for too long. about in dealing with mental health is A new pocket guide suggests how to have conversations that they don’t feel they’re qualified “Take the time to connect and ask them about mental health One of the three winners of the Kalmar to help. what is going on in their world. You Mental Health and Wellbeing Award might just be surprised by what you ot a mate who’s looking down, Paul says people don’t have to be last year, along with Paul Lynch and “The truth is, you don’t need to know hear, and what a difference you can isn’t themselves, maybe gone a counsellor or a therapist to help, the team from building company, The anything about it, you just need make in someone else’s life.” Ga bit quiet? Want to help but they just have to take time to listen. Switched On Group, Dave put money to be a decent enough person to aren’t sure how? from his book towards the pocket guide allow somebody to speak and to get “In my experience about 99 and he says it is full of good advice. whatever’s on their mind, off their mind.” A new pocket guide about how to have times out of a hundred, all that’s conversations about mental health has required is a conversation. It’s that Site Safe is a not-for-profit, membership-based organisation that supports a culture of health and safety great advice on looking after friends simple act of letting people talk in New Zealand construction. For more information go to: www.sitesafe.org.nz and colleagues. or share something they might be going through. “It’s easy to lend an ear, listen, and have a conversation with someone,” says “Just listen, let them speak, and PROVE YOUR KNOWLEDGE Paul Lynch, a guy who knows what it’s validate what they’re saying. It Tick the correct answers below and record what you’ve learnt in the record of learning on the back page! like to do it tough. doesn’t have to be a crisis intervention.” (Though there are emergency numbers on Site Safe’s study into suicide in The carpet and vinyl installer from provided in the pocket guide if the the construction sector last year, in 7) Paul Lynch says one of the main reasons 8) In order to help someone who might 9) Which of the below is a key message Christchurch lost his brother Brett to situation requires higher intervention). consultation with industry people. people don’t try to help someone they be struggling, you should: of the Mental Health Foundation and sense might be struggling is: Mates in Construction booklet: suicide in 2013. It took him a while a) Become a professional counsellor. a) They don’t care. a) Be approachable. to shake off the resulting anger and “I know myself that once you’ve Site Safe is pleased to be able to b) Give them the answers to their darkness that he felt, but he did, and unburdened yourself of something that’s offer the guide in conjunction with b) It’s not their job. problems. b) Be empathetic. wrote the book Suicide; Aftermath & been troubling you, a lot of the pressure Construction Health and Safety c) They aren’t sure how to help. c) Just listen. c) Be willing to listen. Beyond about it. He has made it his goes away with the words.” NZ (CHASNZ), the Mental Health mission to help people in the trades talk Foundation and Mates in Construction. d) These are all key messages. about things that are getting them down, The free pocket guide has been created and he says the new guide provides by Dr Kate Bryson of Axon Consulting, The guide is free for download or advice on how to do so. one of the key researchers who worked ordering on the Site Safe website. NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

30 www.sitesafe.org.nz 31 HEALTH & SAFETY WORKSAFE

for all employees who request it. WorkSafe’s Enforceable Undertaking A CORRECTION WORTH INVESTING IN Spokesperson Cordell Weir said the WorkSafe representatives and Woods completion of the Woods Glass EU Glass recently met to discuss the EU’s shows the benefit of the process to completion. smaller companies.

“The work completed as part of Two years on from the Woods Glass’ EU will provide long incident we [Woods Glass] term sustainable health and safety are different. Our workers improvements in the workplace, industry and community. speak up when they see unsafe behaviour “An EU isn’t meant to be an easy task. A lot of hard work goes on behind The company’s Operations Manager the scenes for these companies to see A lot of work goes into completing an EU Tim Reilly said the process was the process completed. laborious but rewarding. “It’s positive to hear another business • Support WorkSafe to meet its “Going through the EU was a huge has found the benefits of the model strategic priorities. investment for our company,” Mr Reilly outweigh the sometimes said. “A huge amount of work went arduous work.” An enforceable undertaking is not into seeing this process through. As imposed or offered by WorkSafe, as it a medium-sized business, the work HOW IT WORKS is the PCBUs responsibility to express has been onerous and at times tough – The voluntary agreement between interest for WorkSafe to consider. butit has been invaluable. WorkSafe and the PCBU details actions the latter must undertake to Before accepting the application, “Two years on from the incident we respond to the breach of safety, WorkSafe must complete an [Woods Glass] are different. Our which is expected to: investigation into the breach of the workers speak up when they see HWSA and decide whether unsafe behaviour. • Support progressively higher prosecution is the appropriate response standards of work health and if the breach amounts to an “We have seen a change in health and safety. offence against section 47 (reckless and safety culture ripple through the conduct) of the HSWA. Any breach business and we hope this benefits • Remedy the harm caused to of section 47 precludes an EU from the wider industry.” any victim(s). being accepted.

WorkSafe is New Zealand’s primary workplace health and safety regulator, supporting New Zealanders to return home from work healthy and safe. For more information go to: www.worksafe.govt.nz Woods Glass operations manager says the business has improved its health and safety culture after taking part in WorkSafe’s Enforceable Undertaking

WorkSafe’s Enforceable Undertaking initiative is providing businesses in breach of safety PROVE YOUR KNOWLEDGE practices an opportunity to correct their safety measures as an alternative to traditional Tick the correct answers below and record what you’ve learnt in the record of learning on the back page! prosecution

he completion of an Enforceable successfully for an EU, a voluntary branches across the country. As part 10) Which of the below is an enforceable 11 ) How is an enforceable undertaking 12) Which of the following is NOT an Undertaking (EU) by Woods Glass agreement between WorkSafe and of its EU, the company was required undertaking (EU)? (EU) initiated? aim of an EU? T is one example of the WorkSafe a Person Conducting a Business or to develop resources and implement a) A voluntary agreement between WorkSafe a) WorkSafe contacts the PCBU after a) To support progressively higher enforcement tool that serves as an Undertaking (PCBU) following a breach a suite of initiatives to benefit its and a PCBU following a breach of the they have been prosecuted and asks standards of work health and safety. Health and Safety at Work Act 2015. them to complete an EU. alternative to prosecution. of the Health and Safety at Work Act workplace and workers. b) To remedy the harm caused to any (HSWA) 2015. b) An enforced arrangement by WorkSafe b) A PCBU can pay WorkSafe to conduct victim(s). to participate in safety training. an EU instead of paying any fines In 2018, a Woods Glass worker This included modifying its migrant incurred by other prosecution. c) To help businesses avoid the cost of suffered crushing injuries to their leg Woods Glass is a medium-sized worker induction programme so it c) A programme where a PCBU can force other prosecution. WorkSafe to provide free safety guidance. c) A PCBU must express interest in while operating a glass cutting machine. business specialising in glass supply is easier to understand. The company participating in an EU. Woods Glass applied to WorkSafe and commercial glazing, with also now offers interpretation services NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

32 www.worksafe.govt.nz 33 LEGAL LEGAL

3. Have a written contract Failing to register your security interest PROTECT YOUR TOOLS! A written contract with the head can mean that you lose priority against If your property is contractor can include specific terms other claimants, or even that your to protect your property. Your contract interest is extinguished, so it is best to on a site where the should: register your security interest as soon as company has been you have entered into the contract. placed into receivership, • Identify your property and confirm you alone own it, including any 5. Be alert it may be some time materials you supply until paid It is difficult to predict when a company before it is identified, in full. is in financial difficulties. Insist on distinguished from regular billing, follow up on unpaid • Include the right to enter a locked invoices promptly, and stay alert to the head contractor’s site and re-take possession of your market rumours. or other third party’s distinguished property. property, and While these steps will provide • Authorise you to register a security subcontractors with some protection, returned to you interest over your property – they will not eliminate the risks see our comments below. completely when a head contractor goes under. Subcontractors need to 1. Take your goods home Given the importance of a contract, we carefully plan for how they limit this If it is impractical or impossible to take your property home each day, ensure it is clearly labelled, identifiable and stored separately, The most straightforward method of recommend before signing you have exposure to their business. and that you have good records demonstrating ownership protecting your property is to remove it the contract reviewed by your advisor from the site at the end of each day. to ensure it is appropriate to your If you have questions or would like Law firm Duncan Cotterill provides tips on how to protect the tools of your trade as particular circumstances. to discuss any of the points raised in 2. Clearly label and identify this article, please contact a subcontractor If it is impractical or impossible to 4. Register a personal property Alysha Hinton on (04) 4719452 or at take your property home each day security interest [email protected], ost players in the construction commonly go into liquidation. COMPENSATION (as is the case with scaffolding, The Personal Property Securities or your local Duncan Cotterill advisor industry will be faced with an Theoretically, you should be able to cranes, etc.), ensure your property Act 1999 (PPSA) governs interests (duncancotterill.com). M insolvent counterparty sooner Liquidation: A liquidator is appointed claim against the head contractor for is clearly labelled, identifiable and in personal property (eg, materials, or later. If you work as a subcontractor, to take possession of all the assets of any loss of profit while you are denied stored separately, and that you have equipment, vehicles). If your contract Disclaimer: the content of this article you face unique risks if the head the company and distribute these to access to your tools or equipment. good records demonstrating ownership. with the head contractor is for an is general in nature and not intended contractor goes into liquidation or the creditors in order of priority. All However, a head contractor in Beware of storage facilities that are indefinite period or for more than one as a substitute for specific professional receivership. creditors may record their debt against liquidation rarely has enough assets to small and cluttered, as your property year, or contains a retention of title advice on any matter and should not be the company during a meeting of the even cover their secured creditors. is more at risk of becoming intermingled arrangement, you can register a security relied upon for that purpose. Here we look at how subcontractors can creditors. Liquidators have the power to or indistinguishable from other interest on the Personal Property protect their tools and equipment from investigate the company and hold the ACCESS TO SITE parties' property. Securities Register (or the PPSR). being seized when the head contractor directors personally accountable if they Once a liquidator or receiver is goes bust. have breached their duties. appointed, the control of the site passes Duncan Cotterill is a full-service law firm with offices in Auckland, Wellington, Nelson and Christchurch. Its dedicated to them. construction and projects team can help make your business a success by working with you to put the deal together. LIQUIDATION VS. RECEIVERSHIP RISKS Though the outcome is often the same, Liquidators and receivers have the If you find yourself locked out of a site there are a few important differences duty of identifying the assets of the because a head contractor has gone PROVE YOUR KNOWLEDGE between a company going into head contractor. In order to do this, under, contact the liquidator or receiver liquidation or receivership. it is common for the head contractor’s directly. Do not force entry onto the site. Tick the correct answers below and record what you’ve learnt in the record of learning on the back page! sites to be locked and access restricted. Accessing the site without the approval Receivership: A receiver is nominated If your property is on site, it may be of a liquidator or receiver could result 13) If a company goes into 14) What is NOT a recommended method 15) If you find yourself locked out of a site by a secured creditor (eg, a bank) some time before it is identified, in a trespass notice being issued and receivership or liquidation, whose of protecting your tools? because the head contractor has gone and acts for the benefit of that creditor distinguished from the head police involvement. The penalty for duty is it to identify the assets of under, what should you do? the head contractor? a) Take them home every day. alone. A receiver decides the best contractor’s or other third party’s trespass offences is a fine of up to a) Climb over the fence – those are b) Label them. way to recover the debt – they may property, and returned to you. This $1,000 or a prison term of up to three a) The court. your tools! c) Hide them onsite. decide to keep the company trading may disrupt your work schedule, delay months. b) The company director. b) Contact the liquidator or receiver directly. or may simply take possession and sell contracts with other clients, or prevent c) The liquidator or receiver. the secured assets. After this process, you from working altogether. You PROACTIVE STEPS c) Buy new ones. They’re as good the company resumes possession of might even lose title to your property It is difficult to operate totally risk-free, as gone. the remaining assets and theoretically and it could be sold as an asset of the but there are certain steps that you can could continue trading, but will most head contractor. take in advance to mitigate the risks: NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

3434 35 INSURANCE BUILTIN

• “We shall be under no liability 2. Site marked out incorrectly READ YOUR SUBBIES’ AND BUILDERS CAUGHT IN THE MIDDLE whatsoever to the Client for any An Auckland builder engaged CONSULTANTS’ TERMS OF TRADE indirect and/or consequential a surveyor to identify and mark out Be aware of what you’re agreeing to loss and/or expense (including the boundary of a property before when you take on their services. They loss of profit) suffered by the starting work. Again, building work may be able to contract out of their Client arising out of a breach by was substantially under way before it liability, but if you’re doing residential Us of these terms and conditions was discovered that the surveyor had building work then it’s unlikely that you (alternatively Our liability shall be marked the site incorrectly. The builder can, which means you’ll be caught in limited to damages which under was liable for $50,000 but, because the middle if they make a mistake. That’s no circumstances shall exceed the the surveyor’s terms of trade limited why you need your own liability and Price of the Goods).” their liability to two times their fee, the professional indemnity insurance. builder had to wear close to $40,000 This sounds great, and for the subbie of this cost. IN A NUTSHELL or consultant it is. Unfortunately, if If you’re doing residential building you’re a builder doing residential work, the Building Act says you can’t building work, the Building Act says contract out of your duty of care to you can’t contract out of your duty If you’re doing residential your customer. You’re liable for the of care to residential homeowners. actions of the subbies and consultants Read some examples below: building work, the Building you engage. So, if they’ve gone bust Act says you can’t contract or have limited their liability in their 1. Foundation laid too close to out of your duty of care terms of trade, you can’t rely on boundary recovering your costs from them if A builder in Wellington subcontracted to your customer they make a mistake. This is why you foundation work to another firm, need your own insurance. which laid the slab in the wrong place on the property, meaning it was too 3. Repair to a tractor close to the boundary. This claim involved a tractor where a bearing sold by the insured party This was not picked up until after the damaged the tractor’s engine, costing final inspection and the builder was $15,000 to repair. The insured’s Terms held liable for the cost of rectifying of Trade limited their liability to the the problem – a total of $40,000. value of the goods supplied ($150 for The foundations subcontractor had the bearing). Their insurer was happy to It’s common for subcontractors and consultants to limit their liability in their Terms of Trade, so make sure to read them carefully! gone bust, so the builder had to wear rely on these terms of trade, so were not the full cost. liable to pay out any more than $150. Watch out for limits to liability in the Terms of Trade of your subcontractors and consultants Builtin are New Zealand’s trade insurance experts. hen explaining the liability For example, a homeowner could be gone bust, or because their Terms For more information visit www.builtininsurance.co.nz or contact Ben Rickard at [email protected] or 0800 BUILTIN. that builders have for vicariously liable to the local water of Trade, which you accepted when W mistakes made by their company if the drainlayer they you took them on, have limited their subbies or consultants, we often hear engaged damaged an underground liability in the event of a mistake. the response: “but their insurance pipe. This is very common and can severely PROVE YOUR KNOWLEDGE should cover that, right?” It is wishful limit the ability of a main contractor to Tick the correct answers below and record what you’ve learnt in the record of learning on the back page! thinking in the extreme to assume that This basically means that, if you take recover their costs that were due someone else’s insurance is going to a contract to deliver a service (eg, build to a subbie’s mistake. You’re caught protect you, even if you’re only liable a house) and you choose to subcontract in the middle – liable to your client 16) According to the Building Act, 17) When something goes wrong, a 18) A solution to the issue for main because of their mistake. out parts of that contract, you are still but unable to recover from your ultimate responsibility for a home [subcontractor’s] limited liability can contractors, caused by the build lies with cause problems for: [subcontractor’s] limited liability, is to ultimately liable to your client for the subbie. : : WHO IS RESPONSIBLE? actions of the subcontractors you use. a) The main contractor. a) The subcontractor. a) Make sure the subcontractor has insurance. In most cases, a main contractor has Some examples of limited Terms of b) The subcontractors. b) The subcontractor’s insurer. a primary duty of care to their client LIMITED LIABILITY Trade include: b) Make sure the homeowner has c) The homeowner. c) The main contractor. for the actions of their subcontractors. Problems arise for the main contractor insurance. In others, the main contractor is where they are unable to recover the • “In any event our liability for the c) Make sure you as the main 'vicariously liable’. Vicarious liability cost of a mistake from the subbie or services supplied is limited to two contractor have insurance. is the imposition of liability on one consultant that was responsible. times the cost of the fee paid for person for the negligence of another. This could be because the subbie has such service.” NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

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NB: The questions and answers in this section have been produced by the publisher and do not necessarily reflect views or opinions of the contributing organisation.

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$ $ SPEND 6,000+GST SPEND 3,500+GST

AND GET 1 PLACEMAKERS AND GET 2 PLACEMAKERS PLAID JACKETS AND A PAIR OF 3M BLUETOOTH PLAID JACKET! WORKTUNES RADIO EARMUFFS!

Offer exclusive to PlaceMakers trade account holders. Purchases must be invoiced on a current trade account between 1ST April to 31ST May 2020 and can be over multiple transactions. Qualifying threshold spend is limited to Pink Batts Ultra products, GIB 13mm Standard & all GIB Accessories (purchased from Winstone Wallboards Ltd). The PlaceMakers Plaid Jackets are limited to 750 Nationwide, max of one to customers who qualify at the first spend threshold and two to customers who qualify at the second spend threshold. The 3M Bluetooth Worktunes Radio Earmuffs are limited to 250 nationwide, max of one to customers who qualify at the second spend threshold. The first 250 customers who spend over $3,500.00 +GST but under $5,999.99 +GST on the qualifying products will receive One PlaceMakers Plaid Jacket. The first 250 customers who spend over $6,000.00 +GST on the qualifying products will receive Two PlaceMakers Plaid Jackets and One 3M Bluetooth Worktunes Radio Earmuffs. As calculated at the end of the promotional period. Entry becomes invalid if the purchased product is returned for credit or exchanged with an alternative product which is not included. The prizes will be available for collection from the winner’s local PlaceMakers branch no later than the 22ND June 2020. The prize is not transferable or redeemable for cash, nor can it be exchanged for any other product or service.

NORTHLAND PUKEKOHE 237 0020 TAUPO 376 0220 WELLINGTON PORT NELSON 548 9069 SOUTHERN KAITAIA 408 9020 SILVERDALE 424 9000 TE KUITI 878 8149 EVANS BAY 387 8692 SAXTON RD 547 9111 ALEXANDRA 440 0198 KERIKERI 407 4820 TAKANINI 268 2950 TE RAPA 850 0190 CROMWELL 445 9202 HUTT CITY 568 5042 CHRISTCHURCH MANGAWHAI 431 4236 WAIHEKE ISLAND 372 0060 THAMES 868 0130 DUNEDIN 466 4617 WHAKATANE 306 0320 KAIWHARAWHARA 472 1616 ANTIGUA STREET 344 8915 WHANGAREI 470 3970 WAIRAU PARK 444 5155 GORE 209 0055 WHITIANGA 867 2000 KAPITI 296 1086 CRANFORD STREET 375 4119 WESTGATE 815 6800 INVERCARGILL 211 0366 AUCKLAND LEVIN 366 0960 HORNBY 344 8950 CENTRAL NORTH ISLAND KAIAPOI 327 5860 MOSGIEL 466 4617 ALBANY 414 0900 WAIKATO / BAY OF PLENTY MASTERTON 377 7504 HAWERA 278 6013 RICCARTON 348 2039 OAMARU 433 0460 COOK ST 356 2899 CLARENCE ST 838 0716 HAWKES BAY 843 5816 PORIRUA 237 9189 QUEENSTOWN 450 9000 HELENSVILLE 420 9150 HUNTLY 828 2000 NEW PLYMOUTH 755 9040 CANTERBURY TE ANAU 249 7774 MT WELLINGTON 570 8300 MORRINSVILLE 889 8057 OHAKUNE 385 8414 UPPER SOUTH ISLAND ASHBURTON 308 9099 WANAKA 443 0080 NEW LYNN 825 0088 MT MAUNGANUI 575 4009 PALMERSTON NORTH 353 5777 BLENHEIM 520 6030 TIMARU 687 4035 PAKURANGA 538 0200 ROTORUA 347 7023 WANGANUI 349 1919 MOTUEKA 528 8164 TWIZEL 435 3133

Products featured may not be available in all stores but as part of our rain check policy can be ordered in at the advertised price. Contact your local store for availability. Consumer Guarantees Act excluded. PlaceMakers Terms of Trade apply.