11.07.2015 Views

what we learned from christchurch taking the risk out ... - PlaceMakers

what we learned from christchurch taking the risk out ... - PlaceMakers

what we learned from christchurch taking the risk out ... - PlaceMakers

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

FOREWORDLessons to be <strong>learned</strong>History doesn’t need to repeat itselfMajor tragedies often bring ab<strong>out</strong> change and, in <strong>the</strong> case of <strong>the</strong>Canterbury earthquakes, those changes are already under way.First and foremost, it has reminded everyone of New Zealand’sseismic activity and put <strong>the</strong> spotlight on earthquake streng<strong>the</strong>ningand our approach to building design. In this month’s editionof Under Construction, BRANZ focuses on how different buildingdesigns performed in and around Christchurch. While mostmodern buildings performed as designed – with <strong>the</strong> focus solely onpreserving life – many commercial building owners are now lookingto also ensure buildings can be repaired and reoccupied quickly.Building Code compliance document amendments that resulted<strong>from</strong> post-earthquake studies, such as eliminating <strong>the</strong> use ofunreinforced slab-on-ground floors, are already passed with o<strong>the</strong>rchanges in <strong>the</strong> works. Design methods that stood up <strong>we</strong>ll in <strong>the</strong>earthquakes will no doubt become preferred practice elsewherein <strong>the</strong> country.This is why keeping up to date with <strong>what</strong>’s happening inChristchurch is important for <strong>the</strong> industry – not just becauseworking on <strong>the</strong> rebuild seems to be Plan B for every builder,but also because analysis of <strong>the</strong> damage has, and will, continueto result in changes to <strong>the</strong> Building Code and building designthrough<strong>out</strong> <strong>the</strong> country.John BeveridgeChief ExecutiveWhen Justin Macready started work at <strong>PlaceMakers</strong> in Christchurch in 1993, itwas only meant to be for a couple of years while he saved up for a trip to <strong>the</strong> UK.T<strong>we</strong>nty years later, he’s still with <strong>the</strong> company and more than happy where he is.“It just seemed that every time I got itchy feet, <strong>the</strong>re was ano<strong>the</strong>r opportunity orano<strong>the</strong>r challenge to take on,” says <strong>the</strong> <strong>PlaceMakers</strong> Dunedin joint venture operator.“Before I knew it, I’d worked my way through <strong>the</strong> business and, in 2009, I wasgiven <strong>the</strong> chance to become JV in Dunedin.”Justin moved with his wife and two kids and he says <strong>the</strong> whole family love <strong>the</strong>irnew home and its close-knit community. When Justin’s not at work, he’s usuallyspending quality time with his family, tackling local tracks on his mountain bike,or cheering on <strong>the</strong> Highlanders, his favourite team.


CONTENTS82 LBP4 OFFCUTS12 INDUSTRY NEWSInvest in <strong>the</strong> future by bringing young buildersor apprentices along to <strong>PlaceMakers</strong>’ fourthround of skills maintenance seminarsLocals love Porirua’s new <strong>PlaceMakers</strong> store;two 50kg Bluenose reignite back doorstepchallenge; Antigua Street’s athletesResidential builds boost housing consents; Kiwibuilders preferred for Canterbury rebuild; BRANZreports increase in consented work in Christchurch10143 BUILDERS’ BUSINESS6 BUILDING & HOUSINGGROUP8 BUILDING & HOUSINGGROUP10 LABOUR GROUP14 BRANZ17 BUILTIN18 CCANZTop business tips <strong>from</strong> fellow buildersTechnical guidance on repairing and rebuildinghouses in Canterbury green zoneLegal implications of leaky home workWorkplace safety enforcement continues aftermore than 60% of sites didn’t meet standardsHow different house designs performedin Christchurch; Reducing <strong>the</strong> <strong>risk</strong>s of leakybuilding remediationDo you know <strong>what</strong> your Public LiabilityInsurance doesn’t cover?A home’s finishing touches – how to plan, designand construct residential driveways and paths20 SITE SAFE Keeping <strong>the</strong> public safe while you work22 SIMPSON GRIERSONHow would proposed changes to <strong>the</strong>Construction Contracts Act affect you?2525 SUPER RUGBY25 SKILLSMAINTENANCEHurricanes offer free labour for a winningcommunity projectRecord your LBP skills maintenance– you’ve earned it!ISSUE 18 > APRIL 2013> PUBLISHER > DCL Corporate Publishing > ENQUIRIES > editor@pmunderconstruction.co.nz; (04) 384 5618DCL Corporate Publishing reserves <strong>the</strong> right to accept or reject all editorial or advertising material. No part of Under Construction magazine may be published with<strong>out</strong> <strong>the</strong> expresspermission of <strong>the</strong> publisher. All rights reserved. Opinions expressed or imagery in Under Construction magazine are not necessarily those of <strong>PlaceMakers</strong> or <strong>the</strong> publisher. No responsibilityis accepted for <strong>the</strong> suggestions of <strong>the</strong> contributors or conclusions that may be drawn <strong>from</strong> <strong>the</strong>m. Although <strong>the</strong> publisher has made every effort to ensure accuracy, <strong>the</strong> reader remainsresponsible for <strong>the</strong> correct use and selection of any tools, materials and systems follo<strong>we</strong>d, as <strong>we</strong>ll as <strong>the</strong> following of any laws or codes or standards that may apply.1


BUILDERS’ BUSINESSWe want your input –send us your tips and you’ll be in to win!Builders’ Business is a column by builders for builders. Its objective is to provide a forum, particularlyfor small business operators, in which to share knowledge, experience, tips and ideasAquestion will be printed in Builders’ Business each month,with <strong>the</strong> most useful and relevant responses publishedin <strong>the</strong> next issue. All responses will be read and reflectedin a ‘Business Trends’ graphic, as a guide to common practices.If you have an opinion, solution or process you want to share,put it in an email with your full name, contact phone number,company name, number of full-time staff and <strong>the</strong> town or cityin which you’re based to editor@pmunderconstruction.co.nz.All responses must be submitted by 25 April.Also, if you want to ask a question ab<strong>out</strong> any aspect ofrunning a business, feel free to email it to us for consideration.Questions will generally be selected based on demand.We look forward to hearing <strong>from</strong> you!June’s question – submit your ans<strong>we</strong>r fora chance to win a <strong>PlaceMakers</strong>’ prize pack!Clients can make or break a building job. While it’s noteasy to turn away work, do you have any stipulations ab<strong>out</strong><strong>the</strong> type of clients you will work for and those you won’t?The ans<strong>we</strong>rs to this question will be published in Under Construction June.April’s question: Bringing on new staff isa time-consuming but necessary part of owning a business.What do you do to induct new employees into yourbusiness and bring <strong>the</strong>m up to speed?Firm: Ross McEwan BuildersPrincipal: Ross McEwanLocation: Te AnauStaff: 2 buildersWe build new homes and light commercialpremises but it’s a fairly small business – justme and two builders – and my staff are fairlylong term, so I haven’t had to hire anybodyfor a while.My ne<strong>we</strong>st recruit was a former apprentice, soI didn’t really have to induct him when he cameback, which was great. I did a fair amount ofwork training him when he was an apprentice.Hiring someone after <strong>the</strong>ir apprenticeship is agreat way to ensure you get someone who isfamiliar with <strong>the</strong> ins and <strong>out</strong>s of <strong>the</strong> business.It’s a two-way street, though – no surprises foryou or <strong>the</strong>m, as you both know <strong>what</strong> to expect.I took on my o<strong>the</strong>r builder five years ago andhe was also a former apprentice.While I don’t have a specific induction process,I always make sure <strong>the</strong> first thing I do isshow <strong>the</strong>m around <strong>the</strong> workshop, go through<strong>the</strong> equipment in <strong>the</strong>re and make sure <strong>the</strong>yunderstand <strong>what</strong> <strong>the</strong>y can and can’t use with<strong>out</strong>supervision. But mostly, it’s pretty informal.Since <strong>we</strong>’re such a small team, it’s pretty easyfor me to teach <strong>the</strong>m as <strong>we</strong> go along. I’m alwayson site, so if <strong>the</strong>y have a question, <strong>the</strong>y just ask.Firm: Ludlow Builders LtdPrincipal: Brian LudlowLocation: WellingtonStaff: 3 contractorsEven though my staff have worked with mefor years, <strong>the</strong>y’re all contractors, which savesme a heck of a lot of time because <strong>the</strong>y lookafter <strong>the</strong>ir own taxes and holiday pay – all Ineed to worry ab<strong>out</strong> is actually paying <strong>the</strong>m,and ensuring <strong>the</strong>y do <strong>the</strong> work up to mystandards – which <strong>the</strong>y always do.Despite <strong>the</strong> fact <strong>the</strong>y’re contractors, it’simportant that <strong>the</strong>y represent <strong>what</strong> LudlowBuilders is known for. For example, <strong>we</strong>’reknown for keeping sites very tidy, respecting <strong>the</strong>owners and keeping everything clean and safe.It’s just a matter of keeping your head scre<strong>we</strong>don and reacting properly to situations on site.This sort of stuff isn’t written in a contract, it’sjust something <strong>we</strong> work our way through. Wehave heaps of site meetings, so I’m seeing<strong>the</strong> guys every day and <strong>we</strong> go over <strong>the</strong> joband have a look at where <strong>we</strong>’re going next,<strong>what</strong> <strong>we</strong> need to do and how that’s going toaffect <strong>the</strong> client. We also always make sureto accommodate <strong>the</strong>m, especially if <strong>the</strong>y’reliving in <strong>the</strong> house, as having work going onis a huge intrusion. It’s very important that <strong>the</strong>contractors are in line with <strong>what</strong> my businessrepresents, as <strong>the</strong>y’re <strong>the</strong> ones on site.Firm: Pope Homes LtdPrincipal: Erin PopeLocation: RotoruaStaff: 3 builders, 1 adminIn my case, it’s not so much a process as anyoneI hire needs to adhere to our motto, which is‘Building with Integrity’. We’ve worked hard over<strong>the</strong> years to build a good reputation in Rotoruaand it’s essential that my staff reflect that.That means respecting health and safetyregulations at all times, following <strong>the</strong>appropriate dress code and building a client’shome as though it <strong>we</strong>re <strong>the</strong>ir own. We holdour clients in very high regard and I makesure new staff understand and have <strong>the</strong> samerespect for <strong>the</strong> home owners.I’m usually on site with <strong>the</strong> guys, so it’s a matterof showing <strong>the</strong>m how things are done as <strong>we</strong>go along. If <strong>the</strong>y have any questions, or I notice<strong>the</strong>m doing something that’s not in line with ourmotto, I’m right <strong>the</strong>re to discuss. At <strong>the</strong> same time,it’s my responsibility to lead by example andI make sure I act <strong>the</strong> way I’ve told my staff to.For me, it’s important that staff understandrespect is essential in every aspect of <strong>the</strong>business, whe<strong>the</strong>r it’s driving <strong>the</strong> companyvehicle or speaking to home owners. I alsoexpect <strong>the</strong> same of my subbies and make thatclear when I hire <strong>the</strong>m.3


OFFCUTSWhat’s on your back doorstep?After several months’ hiatus, Wanaka has come forward with a heavy<strong>we</strong>ight entry to <strong>PlaceMakers</strong>’‘What’s on your back doorstep?’ competition – more than 100kg worth, in fact!Wanaka builder GraemeVallance may have to buya bigger barbecue to cook up<strong>the</strong> two 50kg-plus Bluenose beastshe pulled up – on <strong>the</strong> same line.Graeme shows off one of his 50kg-plus Bluenose warehouThe loyal <strong>PlaceMakers</strong> customerwas keen to show <strong>the</strong> North Island<strong>what</strong> <strong>the</strong> Mainland has to offerand, with this catch, you couldcall him an overachiever.“I pulled two of <strong>the</strong>m up <strong>from</strong> 300 m,”says Graeme. “I was pretty <strong>we</strong>llshagged by <strong>the</strong> time I got <strong>the</strong>m upbut it was <strong>we</strong>ll worth <strong>the</strong> effort –<strong>the</strong>y <strong>we</strong>re <strong>the</strong> biggest fish I’ve evercaught!”Graeme started fishing when hewas just a kid and says years ofexperience have taught him where<strong>the</strong> best spots are – knowledge he’skeeping to himself, for now.So <strong>the</strong> challenge has been launchedIf <strong>the</strong>re was an amateur division, four-and-a-half-year-old JonathanKing would be <strong>the</strong> winner. The son of <strong>PlaceMakers</strong> Wanaka rep GregKing proved he could be a back doorstep contender in a few years bylanding a 2 kg rainbow tr<strong>out</strong> after 20 minutes!once again. What can you bring <strong>from</strong>your back doorstep?Send submissions to twilliams@placemakers.co.nz for <strong>the</strong> chance tohave your finest hour published in<strong>PlaceMakers</strong>’ next Under Construction.Porirua tradies shelter <strong>from</strong> <strong>the</strong> stormTradies will no longer be at <strong>the</strong> mercy of <strong>the</strong> elements when collecting suppliesat <strong>PlaceMakers</strong> Porirua – its new store is fully undercover and twice <strong>the</strong> size!At 8,250 m 2 , <strong>the</strong> new site at <strong>the</strong>former Todd Park Mitsubishicar assembly park is double<strong>the</strong> footprint of <strong>the</strong> Semple Streetstore, which faithfully served <strong>the</strong>local industry for 20 years.Now customers are enjoying<strong>the</strong> expanded offering – especially<strong>the</strong> undercover drive-thru andloading area.<strong>PlaceMakers</strong> Porirua joint ventureoperator Boyd Kenna says he’sblown away by <strong>the</strong> feedback he’shad <strong>from</strong> customers.“We’re committed to <strong>the</strong> local trade,so it’s been great to have <strong>the</strong>ir sealof approval,” says Boyd.“They tell me <strong>the</strong>y enjoy <strong>the</strong> centrallocation and ease of knowing<strong>the</strong>y can get all <strong>the</strong>ir buildingmaterials and supplies right here,under one roof – and all with<strong>out</strong>getting <strong>we</strong>t!”He says <strong>the</strong> new site also provides<strong>PlaceMakers</strong> Porirua with a platformfor future growth as building industrymomentum continues.Ano<strong>the</strong>r great new feature is an in-storeWattyl Trade Centre for all paintingneeds.Customers are enjoying <strong>the</strong> new central location<strong>PlaceMakers</strong> Porirua tradies enjoy stocking up undercover4The new 8250 m 2 <strong>PlaceMakers</strong> Porirua store at Todd Park is twice <strong>the</strong> size of <strong>the</strong> old Semple Street site


They work hard, play harder down S<strong>out</strong>hAntigua Street staff tackle <strong>the</strong> toughest challengesDan Hor<strong>we</strong>ll navigates Goat PassShane Madsen pedals hard to be crowned <strong>the</strong>inaugural Speight’s Coast to Coast ‘Last Cycle’ winnerThe ‘know-how, can-do’ attitudeof <strong>PlaceMakers</strong> Antigua Streetstaff – which local tradieshave come to rely on more thanever during <strong>the</strong> Canterbury rebuild– has been taken to new heightsbeyond <strong>the</strong> workplace.Those heights surpassed 1000 mfor Steve Brown, Dan Hor<strong>we</strong>ll andLisa Barber, who took on <strong>the</strong> gruelling33 km Goat Pass Mountain Run sectionof <strong>the</strong> Speight’s Coast to Coast inFebruary.Steve, Dan and Lisa braved freezing,alpine-fed rivers, steep rocky tracksand twisting forest trails to complete<strong>the</strong> challenge and have since inspiredsome of <strong>the</strong>ir colleagues to take itLisa Barber crosses one of many ice-cold rivers during<strong>the</strong> ‘Mountain Run’If pushing your bodyto <strong>the</strong> limit at <strong>the</strong> <strong>we</strong>ekendappeals to you, getin touch at <strong>the</strong> store!on next year. They’re also hopingto get customers involved too. Ifpushing your body to <strong>the</strong> limit at<strong>the</strong> <strong>we</strong>ekend appeals to you, getin touch at <strong>the</strong> store!ON YOUR BIKEMeanwhile, staff member ShaneMadsen made history by <strong>taking</strong>part in <strong>the</strong> Coast to Coast’s firstever70 km ‘Last Cycle’ section <strong>from</strong>Waimakariri Gorge Bridge to Sumner– and winning!Now nicknamed ‘Miguel Indurain’– after <strong>the</strong> five-time Tour de Francewinner – by his co-workers, Shanehopes to defend his title next yearand maybe even improve on hisinaugral winning time.MARATHON MAN (AND WOMAN)Fur<strong>the</strong>r up <strong>the</strong> coast, Mark Hardingand Alice Watson took part in <strong>the</strong>Buller Gorge Marathon – Markconquered <strong>the</strong> half marathon andAlice competed in <strong>the</strong> team event,finishing her 10.5 km leg.Back in <strong>the</strong> store, all six staff arenow focused on going <strong>the</strong> extramile for <strong>the</strong>ir customers!5


FEATURESMBIE – BUILDING & HOUSINGDirecting house repairs and rebuildsGuidance for rebuilding and repairing houses in <strong>the</strong> Canterbury green zone hasbeen updated and brought toge<strong>the</strong>r in one folder, making it easier to navigateTechnical guidance was originallycreated in 2011 to support <strong>the</strong>Canterbury rebuild and reflect <strong>the</strong>scale and effects of liquefaction. Itgives technical advice on foundationsfor houses in <strong>the</strong> Canterbury greenzone; structural repairs; assessingearthquake damage to hillsideproperties and retaining walls;and guidelines for subdivisions.Properties in <strong>the</strong> flat areas of <strong>the</strong>Canterbury green zone <strong>we</strong>re dividedinto three Technical Categories (TCs),according to <strong>the</strong> level of investigationand <strong>the</strong> appropriate foundationsrequired for each site. This helpeddirect scarce engineering resourcesto areas of greatest need.For <strong>the</strong> benefit of readers <strong>from</strong><strong>out</strong>side of Canterbury, <strong>the</strong> TCs <strong>we</strong>rebased on area-wide land damageand house damage assessmentsduring <strong>the</strong> earthquake sequenceand known sub-surface geotechnicalconditions.The TC categories are:TC1: Liquefaction damage is unlikelyin future large earthquakes. Standardresidential foundation assessmentand construction is appropriate.TC2: Liquefaction damage is possiblein future large earthquakes. Standardenhanced foundation repair and rebuildoptions, <strong>out</strong>lined in <strong>the</strong> MBIE guidance,are suitable.TC3: Liquefaction damage is possiblein future large earthquakes. Individualengineering assessment is neededto select <strong>the</strong> appropriate foundationrepair or rebuild option.The December 2012 updates focuson repairs to damaged foundations,new foundation options, superstructurerepairs and subdivisions.There is now updated guidance on repairing and replacing wall bracing elements and significant wall damageFOUNDATION OPTIONSSome guidance on TC1 and TC2foundation options has been clarifiedand <strong>the</strong>re are new options for TC3.Guidance on deep pile foundationshas been updated, and revised pilehead details for deep timber, concreteand steel piles are included. Theguidance lists <strong>the</strong> criteria that need tobe met when using a deep piled raft.ASSESSING DAMAGE TOFOUNDATIONSThe first task for a building professionalor engineer is to assess <strong>the</strong> extentof damage to foundations damagedby earthquakes and consider whe<strong>the</strong>rfoundations can be re-leveled andrepaired, or must be rebuilt.MBIE’s guidance says <strong>the</strong>re are threeaspects to consider:• Whe<strong>the</strong>r <strong>the</strong> building has settled bydifferent amounts over its floor, and/or is tilting.• Whe<strong>the</strong>r <strong>the</strong> foundations have been‘stretched’.• Damage to specific parts of <strong>the</strong>foundations.These aspects must be consideredin relation to each o<strong>the</strong>r. Re-levels orrebuilds are triggered by excessivedifferential settlements or floor stretches.If <strong>the</strong> building has settled excessively, <strong>the</strong>foundations may need to be rebuilt, evenif damage to <strong>the</strong> piles or <strong>the</strong> slab doesnot exceed certain limits. If <strong>the</strong>re are cracksin <strong>the</strong> perimeter wall of <strong>the</strong> foundations,but <strong>the</strong> building hasn’t settled, it may bepossible to repair <strong>the</strong> foundations.If <strong>the</strong> slope of <strong>the</strong> floor bet<strong>we</strong>en two pointsmore than 2 m apart is more than 0.5%(10 mm over 2 m), or <strong>the</strong> variation in levelover <strong>the</strong> floor plan is more than 50 mm, itindicates <strong>the</strong> floor or foundation probablyneeds to be re-leveled or possibly rebuiltdepending on <strong>the</strong> degree of tilt.Cracks in ceramic floor tiles and distressin vinyl floor coverings and carpet areo<strong>the</strong>r indicators. Even if <strong>the</strong>se limits arenot exceeded, floor and superstructurerepairs may be required.6www.mbie.govt.nz


REPAIRING CRACKS INSLAB AND FOUNDATION WALLSThe guidance suggests that any crackscaused or exacerbated by earthquakesshould be repaired but distinguishesbet<strong>we</strong>en cracks requiring structuralrepair and cracks that can be repairedwith<strong>out</strong> involving an engineer.Cracks in foundations can be causedby factors o<strong>the</strong>r than earthquakes –for example, as a result of shrinkageor foundation settlement. The guidancealso includes updated advice onsealing cracks in perimeter foundationwalls.REPAIRS TO THE SUPERSTRUCTUREThere is now updated guidanceon repairing and replacing wallbracing elements and significantwall damage.There is a new section on repairingla<strong>the</strong> and plaster interior wall linings.A new table brings toge<strong>the</strong>r claddingand roofing <strong>we</strong>ight limits for variousfoundation systems. Light construction(roof, walls and floors) significantlyreduces <strong>the</strong> imposed load on <strong>the</strong>subsoils and <strong>the</strong>refore <strong>the</strong> potentialfor liquefaction-induced settlement.Revised information on chimneyrepairs includes requirement diagramsand information ab<strong>out</strong> ventilation,damage repair and new EnvironmentCanterbury rules.The December 2012 updates focus on repairsto damaged foundations, new foundation options,superstructure repairs and subdivisionsNEW FORMAT MAKESUPDATES EASIERThe guidance is a living document,which will continue to be updatedas new information and new optionscome to light. Updates are clearlymarked in <strong>the</strong> new document andit is designed to be filed in a ringbound folder. This will make it easy todownload and replace updated pages.NOTE: A report <strong>from</strong> EnvironmentCanterbury was released at <strong>the</strong> sametime, complementing <strong>the</strong> MBIE guidancerelease. The Environment Canterburyreport includes information ga<strong>the</strong>redover 20 years. The Review of liquefactionhazard information in eastern Canterbury,including Christchurch City, parts ofSelwyn, Waimakariri and HurunuiDistricts, is intended to assist in <strong>the</strong>assessment of sites <strong>out</strong>side <strong>the</strong> TC areasin <strong>the</strong> Green Zone.The report helps territorial authorities andcommunities in <strong>the</strong> greater Christchurcharea to identify where geotechnicalinvestigation and engineering assessmentin liquefaction is required. Aimed atgreenfield sites, it targets areas where notmuch data is available, and future landperformance is less certain, as is <strong>the</strong> casewith TC3 areas. Environment Canterburyrecognised <strong>the</strong> need to know moreab<strong>out</strong> <strong>the</strong>se areas and to make surethat <strong>the</strong> information gets collected tosupport decision making when it comesto plan changes, subdivision consents,and building consents.You can download an information sheet or <strong>the</strong> full updatedguidance <strong>from</strong> <strong>the</strong> MBIE <strong>we</strong>bsite. Go to www.dbh.govt.nz/canterbury-rebuild-info-sheets for <strong>the</strong> information sheetand www.dbh.govt.nz/guidance-on-repairs-after-earthquakefor <strong>the</strong> full guidance.WHAT’S THAT ALL ABOUT THEN?TEST YOUR KNOWLEDGE!1) a b c2) a b c3) a b cWhat is <strong>the</strong> first task for a buildingprofessional after assessing earthquakedamage to foundations?a) Take a coffee break.b) Order <strong>the</strong> materials necessary for<strong>the</strong> rebuild.c) Consider whe<strong>the</strong>r <strong>the</strong>y can be re-leveledand repaired or must be rebuilt.What do floor stretches indicate?a) A re-level or rebuild is required.b) Your team is warmed up and readyfor work!c) It’s a TC3.How does MBIE guidance distinguishbet<strong>we</strong>en cracks?a) Those requiring structural repairand those that can be repaired with<strong>out</strong>an engineer.b) Cracks in walls and cracks in floors.c) There’s good crack and <strong>the</strong>re’s bad crack.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.7


FEATURESMBIE – BUILDING & HOUSINGAvoiding leaky home perilsWea<strong>the</strong>rtight work isn’t <strong>the</strong> place for <strong>risk</strong> takers – make sure you protect yourself and your work!You can protect yourself against liability to <strong>the</strong> current owners by inserting special clauses in your building contract, which clearly define your scope of workThe main <strong>risk</strong> you face in under<strong>taking</strong>leaky home repairs is that, iffur<strong>the</strong>r leaks develop later ondown <strong>the</strong> track, <strong>the</strong> homeowner willfile a claim against you. This fifth articlein <strong>the</strong> series based on <strong>the</strong> workshoprun by <strong>the</strong> Ministry of Business,Innovation and Employment – Buildingand Housing group looks at how youcan effectively manage this <strong>risk</strong>.Leaky home projects, where <strong>the</strong> ownerwants a cheap patch-up job done with<strong>out</strong>a building consent, are high <strong>risk</strong> andyou should stay <strong>we</strong>ll clear of <strong>the</strong>m. Youwant to undertake low-<strong>risk</strong> projects, wherea reputable building surveyor has donea thorough investigation and prepareda report on <strong>the</strong> causes of <strong>the</strong> leaks;an architect has prepared plans andspecifications for <strong>the</strong> repair work; anda building consent has been obtained.Leaky home projects, where <strong>the</strong> owner wants a cheappatch-up job done with<strong>out</strong> a building consent,are high <strong>risk</strong> and you should stay <strong>we</strong>ll clear of <strong>the</strong>mAlthough <strong>the</strong> <strong>risk</strong> of future leaks ismuch lo<strong>we</strong>r in <strong>the</strong>se projects, <strong>the</strong>re willinevitably be occasions where evena consented repair job won’t turn <strong>out</strong> tobe watertight in <strong>the</strong> long run. It <strong>the</strong>reforemakes good sense to protect yourself.There are five main ways of doing that.LIMITATION PERIODSThe law imposes time limits withinwhich people must commence legalproceedings. For claims based onsomething that happened on or before31 December 2010, if a claimant isgoing to bring a claim based on analleged breach of contract, he hassix years <strong>from</strong> <strong>the</strong> date when he says<strong>the</strong> relevant term of <strong>the</strong> contract wasbreached.For claims based on negligence(ie carelessness, which caused someoneloss that was reasonably foreseeable),<strong>the</strong> claimant has six years <strong>from</strong> <strong>the</strong>date on which <strong>the</strong> loss or defect becamereasonably discoverable.For claims based on acts or omissionsafter 31 December 2010, where <strong>the</strong>claimant is seeking a payment of money,<strong>the</strong> limitation period is six years <strong>from</strong> <strong>the</strong>8www.mbie.govt.nz


elevant act or omission. But even after<strong>the</strong> six years have expired, if <strong>the</strong> claimantdiscovers (or should have discovered)that he has a claim, he has a fur<strong>the</strong>rthree years <strong>from</strong> <strong>the</strong>n to file his claim.Ho<strong>we</strong>ver, where <strong>the</strong> claim relates tobuilding work, no claim can be broughtmore than ten years after <strong>the</strong> act oromission upon which <strong>the</strong> claim is based.BUILDING CONTRACTYou can protect yourself againstliability to <strong>the</strong> current owners byinserting special clauses in your buildingcontract, which clearly define yourscope of work. The special clausesshould provide that you are only hiredto do <strong>the</strong> work shown in <strong>the</strong> plans andspecifications, not to comment on <strong>the</strong>m,nor to point <strong>out</strong> any potential defectsei<strong>the</strong>r in <strong>the</strong> repair work or in <strong>the</strong> rest of <strong>the</strong>house that is not affected by <strong>the</strong> repairs.INSURANCE POLICYHave an insurance policy thatcovers you against <strong>the</strong> <strong>risk</strong> andconsequences of your own mistakes.The first relevant insurance policyis known as a guarantee (or surety)that is offered, for example, by membersof <strong>the</strong> Certified Builders Associationand Registered Master BuildersFederation. These products protect<strong>the</strong> owner ra<strong>the</strong>r than <strong>the</strong> builder andmost do not cover <strong>we</strong>a<strong>the</strong>rtightnesswork; a ‘WaterTight Warranty’ is,ho<strong>we</strong>ver, now available.The second relevant insurance policyis known as Errors & Omissions (E&O)cover or ‘professional indemnity’.WHAT’S THAT ALL ABOUT THEN?Unlike <strong>the</strong> surety products, this protects<strong>the</strong> builder ra<strong>the</strong>r than <strong>the</strong> owner. Itcovers you where you or your employees,contractors, subcontractors or suppliershave made a mistake, or put faultycomponents or materials into <strong>the</strong> building.LIMITED LIABILITY COMPANIESThe fourth way of protecting yourselfis by way of limited liability companiesand trusts. The whole idea of a limitedliability company is to protect yourpersonal assets <strong>from</strong> business <strong>risk</strong>s.Ho<strong>we</strong>ver, you cannot abuse <strong>the</strong> privilegeof limited liability; you cannot, forexample, keep liquidating your companyand replacing it with a new one foreach leaky home job you undertake.Secondly, a limited liability companyoffers no protection against claimsbrought against you personally, ifyou had ‘hands-on’ involvement in<strong>the</strong> remediation work (ie.: you workedon-site or issued instructions ab<strong>out</strong>how to do <strong>the</strong> remedial work).AND TRUSTSThe necessary safeguard in such asituation (which is typical in smallowner-operator businesses) can beprovided by a trust. When you put anasset (such as your house) into trustand you become a trustee, you holdthat particular asset as a custodian orguardian for <strong>the</strong> people who really ownit, namely <strong>the</strong> beneficiaries. For thatreason, your own creditors can’t touchthat asset, unless <strong>the</strong>y can prove yourtrust is a sham, or you put your assetsinto trust for <strong>the</strong> purpose of defeatingTEST YOUR KNOWLEDGE!your creditors. So your trust has tobe genuine and it obviously pays tocreate your trust when everything isrosy, ra<strong>the</strong>r than when <strong>the</strong> creditorsare breathing down your neck.YOUR WORKThe fifth and possibly <strong>the</strong> cheapestand most effective way to avoid futureliability for leaks, is to be thoroughin your work ra<strong>the</strong>r than economical.These are <strong>the</strong> types of projectswhere overkill is more appropriatethan economising. Hopefully, youwill be able to factor that degree ofthoroughness into your pricing.NOTE: This article is not intended to berelied upon as legal advice. Please notethat <strong>the</strong> views and opinions expressed inthis article are those of Madison Hardyand do not necessarily reflect <strong>the</strong> opinionor position of <strong>the</strong> Ministry of Business,Innovation and Employment – Buildingand Housing group.Next monthThe next article will discusshealth and safety in <strong>the</strong> contextof remediation projects.This article was provided byGeoff Hardy and Gagan Tangriof Madison Hardy, a commerciallaw firm specialising in constructionlaw. It is not intended as legaladvice. For fur<strong>the</strong>r informationplease phone (09) 970 9569 ore-mail info@madisonhardy.com.4) a b c5) a b c6) a b cWhat special clause should you includein your building contract?a) That you are only hired to do <strong>the</strong> workshown in <strong>the</strong> plans.b) That you are responsible for pointing<strong>out</strong> potential defects.c) That Target presenters are not allo<strong>we</strong>dwithin 100km of you.What is <strong>the</strong> idea behind a limited liabilitycompany?a) A very cunning one.b) It allows you tax exemptions.c) It helps protect your personal assets<strong>from</strong> business <strong>risk</strong>s.When is <strong>the</strong> best time to establisha trust?a) When business is rosy.b) When creditors are breathing downyour neck.c) When you take a trophy wife.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.9


FEATURESMBIE – HEALTH & SAFETYMaking safety a priorityWhile a substantial number of New Zealand construction companies have made it a priorityto work safely at height, inspectors have also uncovered – and penalised – those that aren’tWhile several construction companies are <strong>taking</strong> positive action to ensure <strong>the</strong> safety of <strong>the</strong>ir workers, more than 60% of <strong>the</strong> workplaces assessed in 2012 <strong>we</strong>re performing work at height unsafelyConstruction companies are<strong>taking</strong> positive action to ensure<strong>the</strong> safety of <strong>the</strong>ir workers;ho<strong>we</strong>ver, <strong>the</strong> Ministry of Business,Innovation and Employment (MBIE)will continue to target sites whichoperate unsafely.During 2012, health and safety inspectors conductedmore than 1,600 workplace assessments and issuedover 1,000 notices and written warnings to constructioncompanies performing work at height unsafely“It has been very positive to seeconstruction companies usinginnovative solutions to ensure <strong>the</strong>irstaff are safe while working at height,”says MBIE sou<strong>the</strong>rn division generalmanager Francois Barton.“Inspectors have seen companiesusing adaptive scaffolding systems,mobile stair systems instead ofladders and soft landing systems tostop workers getting hurt <strong>from</strong> fallingoff <strong>the</strong> top plate.”He says many of <strong>the</strong>se solutionsare also increasing productivity byimproving access for builders andtradespeople – <strong>the</strong>se safer systemsallow more people to use <strong>the</strong>m at onceand make it much easier to bring moretools up with <strong>the</strong>m.Companies now using scaffolding andedge protection as standard practiceare helping to level <strong>the</strong> playing fieldin construction and ensuring that <strong>the</strong>irworkers come home safely at <strong>the</strong> endof <strong>the</strong> day.10www.mbie.govt.nz


At <strong>the</strong> same time, though, inspectorsare also uncovering a large numberof construction companies that continueto work unsafely at height.During 2012, health and safetyinspectors conducted more than1,600 workplace assessments andissued over 1,000 notices andwritten warnings to constructioncompanies performing work a<strong>the</strong>ight unsafely. Half of <strong>the</strong> sitesvisited required unsafe work a<strong>the</strong>ight practices to be stoppedand remedied.“We want to see enforcementfigures improving in 2013 as safework at height becomes standardpractice in <strong>the</strong> industry. To reduce<strong>the</strong> death and injury toll, <strong>we</strong> willcontinue to target sites that carry<strong>out</strong> work at height unsafely andthose companies that put <strong>the</strong>irworkers at <strong>risk</strong>,” Mr Barton says.The Ministry will continue itsPreventing Falls <strong>from</strong> Height projectin 2013 and urges constructioncompanies and workers to make safetya priority. The second enforcementphase began in February and healthand safety inspectors are visitingworksites to target enforcementwhere <strong>the</strong>re is significant visiblenon-compliance.More injuries happen on residentialbuilding sites than any o<strong>the</strong>r workplacein <strong>the</strong> construction sector. Builders,WHAT’S THAT ALL ABOUT THEN?The Ministry will continue its Preventing Falls <strong>from</strong>Height project in 2013 and urges construction companiesand workers to make safety a priorityroofers, electrical workers, paintersand decorators are <strong>the</strong> most likely tofall <strong>from</strong> height and get seriously hurtwhile <strong>the</strong>y are working.Slips, trip and falls <strong>from</strong> height are<strong>the</strong> most common cause of seriousharm injuries reported to <strong>the</strong> Ministry.More than half of falls <strong>from</strong> heightin construction are <strong>from</strong> lo<strong>we</strong>r thanthree metres, mainly off roofs and<strong>from</strong> ladders.If <strong>the</strong>re’s a chance of a fall – <strong>from</strong>any height – precautions have tobe taken. Inspectors will challengeany workplace that supports a viewthat no height hazard exists belowthree metres. Work at height mustTEST YOUR KNOWLEDGE!Quick statsbe actively managed, so that peopleare not harmed or killed as a result.“Hundreds of construction workersare injured on building sites every yearand <strong>the</strong> impacts of some of <strong>the</strong>se arelife changing. These accidents canbe prevented. Safety must be a priorityfor everyone on <strong>the</strong> job.”“Health and safety is <strong>the</strong> responsibilityof everyone on <strong>the</strong> site. We all havea role to play in improving workplacesafety – doing nothing is not an option,”Mr Barton says.More information on <strong>the</strong> PreventingFalls <strong>from</strong> Height project is availableat www.dol.govt.nz/prevent-falls/index.asp.Latest figures <strong>from</strong> <strong>the</strong> Ministry show that in 2012:• Eight people died working in construction.• 706 construction workers <strong>we</strong>re seriously injured.• 63 people <strong>we</strong>re seriously injured <strong>from</strong> a fall <strong>from</strong> height.• Six prosecutions involving a fall <strong>from</strong> height <strong>we</strong>re completed and eight are pending.• 1,656 workplace assessments <strong>we</strong>re undertaken by inspectors.• 1,057 notices or warnings <strong>we</strong>re issued for unsafe work at height.• 796 construction sites had work stopped for unsafe work at height.7) a b c8) a b c9) a b cConstruction companies musttake all practicable steps to ensuresafety for:a) Their employees.b) Their employees and <strong>the</strong> public.c) People who pay <strong>the</strong>m protectionmoney.What should all construction workers<strong>we</strong>ar on site?a) Bright and highly visible PPE.b) Clo<strong>the</strong>s <strong>the</strong>y feel comfortable in.c) Whatever’s most likely to attractfemale admirers.What function must signs fulfil forpedestrians and motorists?a) Make <strong>the</strong>m take notice of <strong>the</strong> greatjob you’re doing.b) Make <strong>the</strong>m aware of hazardsthat exist.c) Give <strong>the</strong>m something to moan ab<strong>out</strong>.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.11


INDUSTRY NEWSHousing consents continue positive trendJanuary growth driven by residential building in <strong>the</strong> North IslandJanuary 2013 saw ano<strong>the</strong>rmonth of growth as new housingconsents (excluding apartments)increased 9.6% on <strong>the</strong> previousJanuary. The seasonally adjustedgrowth figures continue a 22-monthtrend that has seen housing consentnumbers rise 50% since March 2011.January growth was all driven <strong>from</strong><strong>the</strong> North Island, led by Auckland,Wellington and <strong>the</strong> Bay of Plenty.The regions with <strong>the</strong> largest consentvolumes <strong>we</strong>re again Auckland, with372 consents in January, up 140 onJanuary 2012, and Christchurch, with378 consents, down one. Wellingtonconsents <strong>we</strong>re up 31 (51%) to 92 andBay of Plenty was up 26 (42%) to 88.Overall, <strong>the</strong>re <strong>we</strong>re 1,312 newd<strong>we</strong>llings consented in January 2013(including apartments), an increaseof 19% on January 2012. Excludingapartments, <strong>the</strong> unadjusted numberof housing consents was up 39% to1,254 and apartment consents <strong>we</strong>redown 70% <strong>from</strong> 198 to 58.The value of residential consentsfor January was $517 million, 34%higher than <strong>the</strong> same month in 2012.The value of non-residential buildingsin January 2013 was $223 million,down 1.4% on January 2012. Consentsfor six of <strong>the</strong> eleven building typesincreased in January. Overall, <strong>the</strong>biggest movers <strong>we</strong>re storage buildings,up $16 million, and shops, restaurantsand taverns, down $29 million. Thethree largest contributors to nonresidentialbuilding consents <strong>we</strong>reeducation buildings (20%), offices andadministration buildings (19%) andstorage buildings (12%).In Canterbury, earthquake-relatedconsents <strong>we</strong>re $60 million in January2013, including $14 million for nonresidentialbuildings, $28 million forresidential buildings and $18 millionfor <strong>the</strong> Ferrymead bridge. Canterburyconsent values in recent months hadranged <strong>from</strong> $45 million to $59 million.Overall, <strong>the</strong> consent value for allbuildings in January 2013 was$740 million, up 21% on January2012 with all <strong>the</strong> growth coming<strong>from</strong> residential buildings. The trendfor <strong>the</strong> value of all buildings over<strong>the</strong> last three months has decreasedslightly after a year of moderategrowth.For <strong>the</strong> year to January 2013, <strong>the</strong>value of consents for all buildingswas up $1,563 million (18%) to$10,203 million.Kiwi builders first choice for rebuildCanterbury Skills and Employment Hub will connect employers with qualified Kiwis first12Anew visa rule, which cameinto effect on 29 January, aimsto ensure New Zealanders arefirst in line for job vacancies createdas part of <strong>the</strong> Christchurch rebuild,according to immigration ministerNathan Guy.“The new rule means visa applicationsto fill most jobs in Canterbury won’tbe processed until a check has beendone to ensure <strong>the</strong>re are no suitableNew Zealanders to fill <strong>the</strong> vacancy,”he said.Employers are now required to registervacancies for trades, clerical and manualoccupations in Canterbury with <strong>the</strong>Canterbury Skills and Employment Hubbefore <strong>the</strong>y support a visa applicationfor a migrant to fill <strong>the</strong> vacancy.If <strong>the</strong>re are New Zealandersdeemed suitable todo <strong>the</strong> job, <strong>the</strong> Skills Hubwill help put <strong>the</strong> employerin touch with <strong>the</strong>mIf <strong>the</strong>re are New Zealanders deemedsuitable to do <strong>the</strong> job, <strong>the</strong> Skills Hubwill help put <strong>the</strong> employer in touch with<strong>the</strong>m. If not, a letter will be sentto Immigration New Zealand confirmingas much. Only <strong>the</strong>n will <strong>the</strong> migrantbe considered to fill <strong>the</strong> vacancy.The rule change covers most jobs in<strong>the</strong> Canterbury region, including trade,clerical and manual jobs. It does notinclude highly skilled occupationsor those on <strong>the</strong> Canterbury SkillsShortage List.Employers can register <strong>the</strong>ir vacanciesonline at opportunitycanterbury.org.nz.New visa application rules support Kiwis first


Consented building work picks up in ChchRecent analysis by BRANZ of building activity in Christchurch showsthat work requiring a building consent is only now ramping upWhile plenty of minor repairshave been carried <strong>out</strong> since<strong>the</strong> initial September 2010earthquake in Darfield, consentedrebuilding work is only now gettingunder way.Only ab<strong>out</strong> $100 million worth (3.3%)of alterations and additions consented workhas been done in <strong>the</strong> last 12 monthsNEW HOME CONSENTSAn estimated 10,000 new d<strong>we</strong>llingsare needed to replace badly damagedhomes and Christchurch City leads in<strong>the</strong> number of new house consents, butWaimakariri and Selwyn also have asignificant amount of new construction,most of it in new subdivisions.REPAIR WORK SLOWThe amount of repairable damageto housing is approximately$9 million, of which BRANZ estimatesab<strong>out</strong> $3 billion requires consents.Only ab<strong>out</strong> $100 million worth(3.3%) of alterations and additionsconsented work has been done in <strong>the</strong>last 12 months.The o<strong>the</strong>r $6 billion is attributed toland claims, contents damage andminor building repairs. These repairscan be done under an exemption to<strong>the</strong> Building Act, which applies if <strong>the</strong>Christchurch City Council has goodreason to believe <strong>the</strong> work can bedone properly with<strong>out</strong> a buildingconsent.EQC and insurance companiesare spending ab<strong>out</strong> $100 millionper month on smaller-sized housingwork that is not being consented.As <strong>the</strong> jobs over $100,000 start topick up, BRANZ expects averageconsented values to also increasesignificantly.Repairs in <strong>the</strong> non-residential sectorstarted earlier than for housing,but BRANZ expects to see a risein consented residential activity<strong>from</strong> now onwards.WIN SUPER RUGBY SKILLS FOR YOUR CLUB OR SCHOOL TEAM!SUPER FOOTYMONTH5TRAININGSESSIONS WONTO BESUPER CHARGE YOUR LOCAL CLUB OR SCHOOL RUGBYSEASON WITH SUPER RUGBY SKILLS TRAINING!How does a boot around with <strong>the</strong> Blues, a chuck-around with <strong>the</strong> Chiefs, a blast with <strong>the</strong>Hurricanes, a kick-around with <strong>the</strong> Crusaders or a hit-<strong>out</strong> with <strong>the</strong> Highlanders sound?A<strong>we</strong>some right? 5 lucky winners will win three Investec Super Rugby players, spendingtime with <strong>the</strong>ir local school or club rugby team – it could be yours!RUGBYSESSIONPER REGIONUP FORGRABS!SIMPLY SPEND $20 ATYOUR LOCAL PLACEMAKERSSTORE DURING APRIL ANDGO IN THE DRAW TO WIN*!*Terms & conditions apply, see entry form or www.placemakers.co.nz for details.<strong>PlaceMakers</strong> - The OfficialCommunity Partner of


FEATURESBRANZEarthquake performanceBRANZ research shows that houses built to <strong>the</strong> current Building Code and standards generally stood up<strong>we</strong>ll to <strong>the</strong> Canterbury earthquakes. Ho<strong>we</strong>ver, more complex, specifically designed houses often had issuesThe earthquakes that have struckCanterbury since 4 September2010 have provided anopportunity for engineers to compare<strong>the</strong> actual performance of a widerange of structures against <strong>the</strong>oreticalexpectations.This has been particularly true forBRANZ structural engineers, whohave been closely involved <strong>from</strong> <strong>the</strong>initial event, first in <strong>the</strong> emergencyresponses to <strong>the</strong> main earthquakes of4 September 2010, 22 February 2011and 13 June 2011, and <strong>the</strong>n in <strong>the</strong>recovery operations centred on <strong>the</strong>region’s housing stock.HOUSE AND GROUNDPERFORMANCEFollowing <strong>the</strong> June 2011 earthquake,BRANZ conducted a comprehensiverandom survey of over 300 housesin Christchurch to gain a betterappreciation of <strong>the</strong> performance of<strong>the</strong> range of house types, including<strong>the</strong> effects of ground conditions.Houses on <strong>the</strong> flat had ei<strong>the</strong>r beenaffected by ground failure resulting<strong>from</strong> <strong>the</strong> earthquakes (liquefaction)or by earthquake shaking. Whilepredominantly affected by shaking,some hillside houses <strong>we</strong>re also affectedby ground instability such as rock fall,rock roll, and slope and cliff failure.To varying degrees, liquefactionaffected a large proportion of houseson <strong>the</strong> flat. Of <strong>the</strong> properties surveyedon <strong>the</strong> flat, 30% experienced liquefactionof <strong>the</strong> site, with half of <strong>the</strong>se havingliquefaction in all three major earthquakeevents before <strong>the</strong> survey.CHRISTCHURCH FOUNDATION STYLESThe survey sample confirmed <strong>the</strong>re havebeen two predominant foundation stylesin Christchurch over <strong>the</strong> history of <strong>the</strong>city. Houses built in <strong>the</strong> early and middle20th century generally have floors onpiles with perimeter concrete foundationwalls, while most houses built since 1980have concrete slab-on-ground foundations.When <strong>the</strong> ground liquefied, nei<strong>the</strong>rfoundation style was sufficiently robust,leaving many houses uninhabitable.Many of <strong>the</strong> perimeter concrete foundationwalls supported heavy brick or blockcladdings and heavy concrete or clay tileroofs. When <strong>the</strong> liquefaction was severe,<strong>the</strong>se walls settled into <strong>the</strong> ground at agreater rate than <strong>the</strong> more lightly loadedpiles, resulting in a badly distorted house.The slab-on-ground floors <strong>we</strong>re also hithard by <strong>the</strong> soil liquefaction. Many of<strong>the</strong> slabs <strong>we</strong>re unreinforced (acceptablein NZS 3604 construction before <strong>the</strong>earthquakes), and those that <strong>we</strong>re hadbrittle reinforcing mesh fractured as <strong>the</strong>slab distorted. The <strong>the</strong>n DBH issued anamendment to its citation of NZS 3604,requiring all new floors in New Zealandbe reinforced with ductile reinforcing.NEED FOR STRONGER FOUNDATIONSThe Engineering Advisory Group(EAG) has developed a range ofmore robust foundation systems fornew houses on properties where<strong>the</strong>re is a likelihood of liquefaction infuture earthquakes. Some foundationsare expected to accommodate <strong>the</strong>associated ground distortions withminimal distortion of <strong>the</strong> house –stiff rafts – while o<strong>the</strong>rs have beendesigned so re-levelling is a relativelyeasy process – suspended timber floors.O<strong>the</strong>r solutions involve treating <strong>the</strong>ground before <strong>the</strong> house is built tocontain <strong>the</strong> liquefying soils and providea stiff soil platform for <strong>the</strong> foundation.Repairs would still be required in manyinstances, but <strong>the</strong>se would be minor and<strong>the</strong> disruption to occupants is expectedto be low.Now, Christchurch probably has <strong>the</strong>best database of subsoil informationof any territorial authority (TA) in <strong>the</strong>country, allowing a more informedselection of appropriate foundationsystem for <strong>the</strong> conditions.O<strong>the</strong>r TAs with known areas ofliquefiable soils, particularly where <strong>the</strong>reis also potentially high seismicity, shouldconsider <strong>what</strong> house foundations orground treatments are most appropriateto ensure resilient performance.14www.branz.co.nzThis house was effectively destroyed because of damage to foundations resulting <strong>from</strong> liquefaction


GEOTECHNICAL STUDY FORNEW SUBDIVISIONSThe greatest opportunity comes withnew subdivisions, where global treatmentcan be undertaken to improve <strong>the</strong> soilcharacteristics of <strong>the</strong> whole area beforenew houses are built, if required. The EAGhas developed guidance for geotechnicalassessments of proposed new subdivisionsin <strong>the</strong> Canterbury earthquake regionthat are also likely to be applicable ino<strong>the</strong>r areas of <strong>the</strong> country.BEST STRUCTURAL PERFORMERSThe performance of light timber-framedand steel-framed houses generallyconfirmed predictions that <strong>the</strong>se structuresare resilient to violent shaking. Theauthors are not aware of any of <strong>the</strong>sestructures – which generally fit within<strong>the</strong> constraints of NZS 3604 – collapsingin any of <strong>the</strong> earthquakes.Undeniably, damage was sustained,but <strong>the</strong>se houses had sufficient energydissipation capability to resist <strong>the</strong>earthquakes and remain standing,allowing occupants to escape injury ordeath – <strong>the</strong> primary performance objectiveof <strong>the</strong> New Zealand Building Code.BRACING STOOD UPModern, framed houses rely heavilyon plasterboard linings to provide<strong>the</strong> primary bracing resistance, whileolder houses have diagonal timberbraces fitted into <strong>the</strong> wall framingbehind <strong>the</strong> linings.Both methods of bracing providedadequate resistance to lateralWHAT’S THAT ALL ABOUT THEN?When <strong>the</strong> ground liquefied, nei<strong>the</strong>r foundationstyle was sufficiently robust, leaving manyhouses uninhabitableloads, although <strong>the</strong> stiffness of <strong>the</strong>plasterboard sheet linings is greaterthan <strong>the</strong> diagonal braces, which meantlinings <strong>we</strong>re damaged before or as<strong>the</strong> diagonal braces took up load.Where liquefaction was notexperienced, <strong>the</strong>re was little observedmajor damage to <strong>the</strong> sheet bracingsystems, suggesting that no changes<strong>we</strong>re required to NZS 3604:2011.STIFFNESS ISSUES IN COMPLEX HOUSESGreater levels of damage <strong>we</strong>reobserved in more complex specificallydesigned houses that fell <strong>out</strong>side <strong>the</strong>scope of NZS 3604. This tended to becaused by discontinuities in floor plates– split level styles and irregularity, bothin plan and vertically. It was also clearthat, while houses with uneven stiffnessdistribution did not collapse, <strong>the</strong>re wasoften significant non-structural damage.An area of specific design requiringgreater consideration is <strong>the</strong> need toTEST YOUR KNOWLEDGE!Attention!check <strong>the</strong> likely response of structuraldesigns with stiffness irregularities– often <strong>the</strong> case when houses havebeen built with large windowopenings. These designs needappropriate measures to ei<strong>the</strong>rmitigate <strong>the</strong> stiffness incompatibilityor ensure windows and o<strong>the</strong>r nonstructuralitems can accommodate<strong>the</strong> expected deflections.CODES AND STANDARDS PASSEDTHE TESTOverall, <strong>the</strong> performance of <strong>the</strong> housesof Christchurch and Canterbury wasvery encouraging <strong>from</strong> <strong>the</strong> life safetyviewpoint. While <strong>the</strong>re was a lot ofcostly damage and loss of amenity,this sequence of events producedlevels of shaking significantly above<strong>the</strong> design values.The overriding lesson for our industryis a better application of existing Codesand standards ra<strong>the</strong>r than wholesalechanges on a countrywide basis.Are you a building contractor who pays levy fees through a consent authority?If so, <strong>the</strong>n you are entitled to a free subscription of BUILD magazine <strong>from</strong> BRANZ.Simply email publicationsales@branz.co.nz to check that you meet <strong>the</strong>required criteria and get your subscription.10) a b c11) a b c12) a b cWhat structures <strong>we</strong>re generally resilientto violent shaking in Christchurch?a) Light timber-framed and steel-framedhouses.b) Houses built of Lego.c) More complex specifically designedhouses.During ground liquefaction, whichfoundation style was sufficiently robust?a) Perimeter concrete foundation walls.b) Concrete slab-on-groundfoundations.c) Nei<strong>the</strong>r.Greater levels of damage to housesin Christchurch tended to be caused by:a) Discontinuities in floor plates.b) Godzilla.c) Small window openings.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.15


FEATURESBRANZRemoving mould-contaminated materialsRecommended steps to reduce biocontaminant exposure when fixing leaky buildingsRecent BRANZ research hasshown that, where leaky buildingsare being repaired, workersare exposed to a cloud of allergenic(causing an allergic reaction),carcinogenic (cancer-causing) andtoxic biocontaminants as <strong>the</strong>y strip <strong>the</strong>cladding and remove mouldy materials.Especially concerning is <strong>the</strong> dangerouslyhigh concentrations of <strong>the</strong> very toxicmould Stachybotrys in <strong>the</strong> cloudgenerated during deconstruction ordemolition. The most dangerous periodof contamination is during removal ofmouldy materials, but workers must bealert through<strong>out</strong> <strong>the</strong> whole process.To reduce exposure to <strong>the</strong>sebiocontaminants, contractors must befamiliar and vigilant with health and safetyprocedures. After consultation with leakybuilding remediation specialists Prendos andAlexander and Co, BRANZ recommends <strong>the</strong>following steps where mould contaminationhas been identified or is expected:• Contamination, decontamination andsafe zones should be established.• Where possible, internal linings andexternal joinery should remain inplace until mould decontaminationis completed, by working <strong>from</strong> <strong>the</strong><strong>out</strong>side, removing cladding and <strong>the</strong>ncontaminated material.• If this is not possible, internal airbarriers with depressurisation of internalcontaminated zones is required tomaintain o<strong>the</strong>r internal safe zones.• Personal protective equipment (PPE),including overalls, safety boots,gloves, helmets, eye protection andWHAT’S THAT ALL ABOUT THEN?respirators, must be worn by all thosein contaminated zones during claddingand mould removal.• Mould should be removed before it isable to dry.• Spores and mycotoxins are likelyto stick to workers’ hair and <strong>the</strong>unprotected areas of <strong>the</strong>ir faces. Aclean decontamination area is requiredfor removal of PPE and washing. Onsitebasins are a minimum requirementto provide for washing before leavingthis zone and entering safe zones orleaving <strong>the</strong> site.To reduce exposureto biocontaminants,contractors must be familiarand vigilant with healthand safety procedures• On highly contaminated sites, specialistadvice must be sought, and on-sitesho<strong>we</strong>rs may have to be provided.• Good practices of overall removal,glove removal and hand washingmust be in place during breaks andafter work. Hands and faces mustbe washed before eating.• Disposable overalls should bedisposed of on site after use or at<strong>the</strong> end of each day.• Disposable gloves are to be usedand disposed of after each use.• Safety boots are to remain on siteat <strong>the</strong> end of <strong>the</strong> day to minimiseTEST YOUR KNOWLEDGE!spore and mycotoxin transfer tovehicles and homes. Alternatively,boots should be thoroughly cleanedbefore removing <strong>the</strong>m <strong>from</strong> <strong>the</strong> site.• Helmets, respirators and eye protectionmust be cleaned after each use withparticular care to wipe <strong>the</strong> inside ofrespirators and eye protection withdisposable <strong>we</strong>t wipes.• Breaks, especially meal breaks, mustbe taken within safe zones and mustnot be taken within <strong>the</strong> building wherecladding is being removed or adjacentto stored or transported contaminatedmaterials (such as <strong>the</strong> skip).• Clean site sheds or separate approvedareas such as a garage must be provided.• Material contaminated with mouldmust be bagged before being placedin skips. Do not break <strong>the</strong>se bags ordisturb contaminated waste by dumpingheavy waste on top!• Truck drivers and o<strong>the</strong>rs tasked withremoving skip bins full of contaminatedmaterials should also <strong>we</strong>ar protectiveclothing or respirators when loadingand unloading.Indoor concentrations of biocontaminantsmay remain high once <strong>the</strong> repair iscomplete, so before handing <strong>the</strong> buildingback to its occupants, it should bethoroughly cleaned to eliminate dustand debris. It should <strong>the</strong>n be tested fornon-viable spore counts and be recleanedif necessary before reoccupation.These recommendations reflect currentindustry best practice and may bemodified once wider research andconsultation has been carried <strong>out</strong>.13) a b c14) a b c15) a b cWhat is Stachybotrys?a) A non-toxic mould found in leakybuildings.b) A very toxic mould found in leakybuildings.c) It’s hard to say.16www.branz.co.nzWhat is cited as <strong>the</strong> most hazardousperiod when repairing leaky buildings?a) When removing mould-contaminatedmaterials.b) When telling <strong>the</strong> homeowner that morework is required than was first thought.c) When working at height.What should you do before handing<strong>the</strong> building back to its occupants?a) Give <strong>the</strong>m <strong>the</strong> number of a localcleaning service.b) Thoroughly clean it to eliminatedust and debris.c) Throw a party.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views oropinions of <strong>the</strong> contributing organisation.


BUILTIN NZFEATURESWhat PLI doesn’t cover (Part 2)Public liability insurance (PLI) is one of <strong>the</strong> most important policies a tradesman shouldhave. It’s intended to protect you <strong>from</strong> <strong>the</strong> cost of damaging o<strong>the</strong>r people’s property and,in some cases, causing <strong>the</strong>m injury – but it’s important you know <strong>what</strong> it doesn’t coverLike any insurance policy, <strong>the</strong>reare exclusions to make clear <strong>the</strong>things not covered. Last month,<strong>we</strong> started off with <strong>the</strong> more genericand obvious ones that have becomestandard in most insurance policies.This month, <strong>we</strong> delve more into somethat are more likely to affect buildersand tradespeople.BUILDING DEFECTS, MOULD, ROT,GRADUAL DETERIORATION ANDWATER PENETRATIONAs a result of <strong>the</strong> leaky homes crisis, manypolicies <strong>from</strong> general insurers now excludecover <strong>from</strong> <strong>the</strong> effects of water penetratinga building envelope. As <strong>the</strong> multi-billiondollar cost of <strong>the</strong> crisis became clear,insurers decided that <strong>the</strong> cost of futureleaky building claims was too high for<strong>the</strong>m to bear and amended <strong>the</strong>ir policiesto exclude it. Separate policies that protectbuilders <strong>from</strong> claims of financial lossrelated to leaky homes, such as Builtin’sE&O Indemnity, are available. Leaks<strong>from</strong> internal pipes and water systems arestill covered by public liability insurance.ERRORS IN PROFESSIONAL ADVICEYou are generally not covered fordamage that results <strong>from</strong> bad advice,or where you haven’t given advice thatyou should have, if you’ve chargedfor it. As an expert, your clients areentitled to rely on <strong>what</strong> you say; ifyou get it wrong, <strong>the</strong>y can hold youliable or <strong>the</strong> cost of this mistake. Ifyou gave <strong>the</strong> advice for free <strong>the</strong>nyou may still be covered. In somepolicies, you can add this cover backfor a modest additional premium.WHAT’S THAT ALL ABOUT THEN?DEFECTIVE DESIGNCosts arising <strong>from</strong> a defective design orspecification are excluded <strong>from</strong> cover.You should be wary of doing any design,whe<strong>the</strong>r that’s architectural, engineering,<strong>the</strong> whole house or a specific detail, unlessyou have separate professional indemnityinsurance that specifically covers this.YOUR PRODUCTS, MATERIALS ANDTHE PROPERTY YOU’RE WORKING ONProducts that you own, supply, install orconstruct are excluded under most policies.This becomes tricky for tradespeoplebecause of <strong>the</strong> way insurers define <strong>what</strong>‘your products’* are. Along with <strong>the</strong> obvious,‘your product’ may also include any propertythat you have been, or are, working on.When it comes to claims <strong>from</strong> builders, <strong>the</strong>house you’re building has been interpretedas ‘your product’ and <strong>the</strong>refore is notcovered because of this exclusion. Ho<strong>we</strong>ver,some policies make it clear that buildings,or separate components of a property, willstill be covered. As a builder, <strong>the</strong>se are <strong>the</strong>policies you want.*The definition of ‘your products’ is oneof <strong>the</strong> most important aspects of yourpolicy and <strong>we</strong> strongly recommendthat you switch to a policy with a morebuilder-friendly definition.Next month <strong>we</strong> look at exclusions forliability you’ve contracted into, loss of use,defamation, defective workmanship andproperty you’ve hired or are looking after.NOTE: This article is intended to clarifysome of <strong>the</strong> exclusions contained withinmost general/public liability policiesavailable <strong>from</strong> major insurers inTEST YOUR KNOWLEDGE!The multi-billion dollar cost of <strong>the</strong> leaky home crisis resultedin many policies <strong>from</strong> general insurers excluding cover <strong>from</strong><strong>the</strong> effects of water penetrating a building envelopeNew Zealand. Some exclusions can beremoved by purchasing an extension toyour policy, so it’s important that you check.The specific wording <strong>from</strong> different insurerswill vary and you should seek <strong>the</strong> adviceof a professional if necessary. This articleis not comprehensive and should notbe relied upon as legal advice. Insurerswill interpret and apply <strong>the</strong>ir own policywording depending on <strong>the</strong> specificcircumstances of each individual claim.Ab<strong>out</strong> BuiltinBuiltin New Zealand is a specialistin construction liability insurance, withpolicies tailored to meet <strong>the</strong> needsof builders & tradespeople. For moreinformation visit www.builtin.co.nz/Insurance or email Ben Rickardat ben@builtin.co.nz or call him on(07) 579 6259 or 0275 212 014.16) a b c17) a b c18) a b cWhen might you be covered for damagethat results <strong>from</strong> your advice?a) When you’re sure you’re right.b) When you gave <strong>the</strong> advice for free.c) When your advice was meant asa joke.What leaks are covered by publicliability insurance?a) Those <strong>from</strong> internal pipes and water systems.b) Those caused by water penetratinga building envelope.c) Those caused after a heavy night of drinking.What do insurers usually include under<strong>the</strong> term ‘your products’?a) Anything you own, supply, install orconstruct.b) Your kids.c) Your sperm bank deposits.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation. 17


FEATURESCCANZPaving <strong>the</strong> way – Design (Part 1)Driveways, paths and patios are among <strong>the</strong> key finishing touches that complete a home.This second article in CCANZ’s series on residential concrete focuses on designThe basic function of residentialpavements such as driveways,paths and patios is to providesafe, easy access onto or arounda property. Concrete is typicallyused to not only provide a durablepaving surface sloped to providesurface water run-off, but one whichcan also incorporate a wide rangeof decorative finishes to complement<strong>the</strong> design and landscaping of <strong>the</strong>residence.While providing a concrete pavement on<strong>the</strong> ground is relatively straightforward,<strong>the</strong>re are many aspects of design andconstruction that need to be consideredin order to produce a finished productthat will satisfy both <strong>the</strong> functional andaes<strong>the</strong>tic requirements demanded byhomeowners.CONCRETE STRENGTHConcrete with a specified compressivestrength of 20 MPa compliant withNZS 3104 is recommended forresidential pavements. A higherstrength may be required in certainsituations, such as:• Heavier loads. If <strong>the</strong> pavement isbeing used by vehicles bet<strong>we</strong>en 3 and10 tonne gross mass, and infrequentlyby heavier vehicles that do not exceed<strong>the</strong> statutory limits for tyre, wheeland axle loads, a specified strength of25 MPa or 30 MPa is recommended.Such pavements also need to bethicker (see Table 1).• Abrasion resistance. This is <strong>the</strong> abilityof <strong>the</strong> concrete surface toresist <strong>we</strong>ar; it is directly related to<strong>the</strong> strength of concrete and <strong>the</strong>quality of <strong>the</strong> surface finish. A 20 MPaconcrete is satisfactory for mostresidential paving applications, includingtypical driveways. The higher strengthrecommended for heavier loadswill also produce a higher abrasionresistance provided <strong>the</strong> surface finishand curing are carried <strong>out</strong> correctly.• Freezing and thawing.A 25 MPa concrete should be usedif <strong>the</strong> pavement is subjected tooccasional freezing. Where morethan 50 freezing cycles occur eachyear, a 30 MPa concrete should beused. Also, an air-entraining agentshould be used in <strong>the</strong> concrete mixtargeting a 5% air content.The constructionof driveway pavementswith<strong>out</strong> reinforcing meshis not recommendedTHICKNESSTable 1 shows recommended thicknessalong with concrete compressivestrength. The load <strong>the</strong> slab can carry isalso dependent on <strong>the</strong> adequacy of <strong>the</strong>subgrade to support <strong>the</strong> loaded slab.OTHER PROPERTIESIf properties in addition to strength arerequired, ‘Special Concrete’ shouldbe specified and <strong>the</strong> means by whichcompliance is established. For colouredand decorative pavement finishes,some of <strong>the</strong> properties (apart <strong>from</strong> <strong>the</strong>strength) that may be required include:• Colour pigments. Supplier, colourand percentage by <strong>we</strong>ight of cementto be used.Pavement UsePaths & Patios(Foot traffic only)Typical DrivewayVehicle use < 3 t grossPavement with vehicles3 t to 10 tTable 1: Pavement thickness and specified concrete compressive strength• Aggregates. For exposedaggregates, any information necessaryto identify <strong>the</strong> stone required – size,type, texture, colour (eg nominal10 mm aggregate consisting of 90%brown rounded river gravel and10% crushed white quartz).• Cement colour. Normal grey,off-white or white. Note that <strong>the</strong>availability of <strong>the</strong>se should be checkedprior to specifying. An alternative toachieve a lighter colour is <strong>the</strong> use ofa titanium white colour pigment.PERMEABLE PAVEMENTSPermeable (or pervious) pavementsare being specified in areas whererun-off <strong>from</strong> existing hard surfacesdue to extreme rainfall events causesoverloading of <strong>the</strong> stormwater systems.Permeable concrete is similar tono-fines concrete and has continuousvoids, which allow water to infiltratethrough <strong>the</strong> pavement. Alternatively,permeable pavers can be used.The water is held in storage under <strong>the</strong>pavement, which effectively reduces<strong>the</strong> peak run-off entering <strong>the</strong> sub-gradeor <strong>the</strong> stormwater system. Informationon permeable pavements is found atwww.concretenetwork.com/pervious.SEGMENTAL PAVEMENTSConcrete segmental pavers ranging<strong>from</strong> small brick-sized units to <strong>the</strong>larger flag pavers are availablein a variety of colours, finishes andPavementThicknessPavement ConcreteSpecified Strength75 mm 20 MPa100 mm 20 MPa150 mm 25 or 30 MPa18www.ccanz.org.nz


textures. Information on segmentalpavers including permeable paversis available <strong>from</strong> <strong>the</strong> New ZealandConcrete Masonry Association <strong>we</strong>bsitewww.nzcma.org.nz.DRIVEWAY WIDTHThe typical driveway width is 3 m,although 2.7 m is acceptable whereroom is tight. Ho<strong>we</strong>ver, accommodatinglarger vehicles may be difficult. A3.6 m driveway allows a comfortableamount of room for passengers exitinga car. Double car driveways needto be bet<strong>we</strong>en 6 m and 7.3 m wide.Next month’s article will look atreinforcement, crack control and surfacetolerances.If properties in additionto strength are required,‘Special Concrete’should be specified and<strong>the</strong> meansby whichcompliance is establishedFig 1: Typical joint lay<strong>out</strong> for a 100 mm thick driveway with 665 meshAb<strong>out</strong> CCANZThis article contains information <strong>from</strong> CCANZ’s Information Bulletin 80 Residential Concrete Driveways and Paths, whichprovides guidance on <strong>the</strong> planning, design, construction, maintenance and specification aspects that need to be consideredto ensure a successful concrete paving project. Content <strong>from</strong> New Zealand Standards in this bulletin has been reproducedby CCANZ with permission <strong>from</strong> Standards New Zealand under licence 000997. Any New Zealand Standard referred to inthis bulletin can be purchased <strong>from</strong> Standards New Zealand by telephoning 0800 782 632 or visiting www.standards.co.nzCCANZ would also like to thank Cement Concrete Aggregates Australia (CCAA) for <strong>the</strong>ir assistance in producing <strong>the</strong>bulletin. To download <strong>the</strong> full Bulletin visit <strong>the</strong> CCANZ <strong>we</strong>bsite – www.ccanz.org.nzWHAT’S THAT ALL ABOUT THEN?TEST YOUR KNOWLEDGE!19) a b c20) a b c21) a b cAccording to <strong>the</strong> text, heavier loadsrequire:a) Two seats on aeroplane flights.b) Concrete with a specified strengthof 25 MPa or 30 MPa.c) Concrete with a specified strengthof 20 MPa.When should ‘Special Concrete’ bespecified?a) When properties in addition to strengthare required.b) When you want to show off yourkung fu skills.c) When you require extra strength.What is abrasion resistance related to?a) The strength of concrete and <strong>the</strong>quality of <strong>the</strong> surface finish.b) A thick skin.c) The number of freezing cycleseach year.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.19


FEATURESSITE SAFEKeeping <strong>the</strong> public safeConstruction sites can pose a variety of hazards to <strong>the</strong> public, somake sure you take <strong>the</strong> necessary precautions to keep <strong>the</strong>m safeUnder The Health and Safetyin Employment Act 1992(HSE) construction companiesmust take all practicable steps toensure safety for not only <strong>the</strong>iremployees but <strong>the</strong> public as <strong>we</strong>ll,including children and o<strong>the</strong>r localresidents attracted to constructionactivities.Construction companies and workersall have a part to play in ensuring<strong>the</strong> public are not endangered byconstruction work.The most common potentialhazards on a site that can affect<strong>the</strong> public include:OBJECTS / EQUIPMENT AT HEIGHTObjects including concrete debris,chisels, bolts, timber off-cuts, scaffoldplanks and steel beams have <strong>the</strong>potential to fall <strong>from</strong> buildings,suspended scaffolding and workplatforms. Bundles and trays of buildingmaterials swung above people’s headsalso provide a hazard for <strong>the</strong> public.THOROUGHFARE / WALKWAYSConstruction sites that extend <strong>out</strong>into public access ways and forcepedestrians to walk on <strong>the</strong> roadwayor negotiate scaffolding can bevery dangerous. Vehicles crossingfootpaths or emerging suddenly <strong>from</strong>enclosed sites are hazardous also.UNEVEN SURFACESBroken and uneven footpaths, holesnot filled in, surfaces covered inmud and water, or open excavationswhere people can fall are a majorhazard for <strong>the</strong> public.VISITORS ON SITEPeople visiting <strong>the</strong> site are generally muchless aware of hazards and <strong>the</strong> necessaryprecautions on construction sites.Ensure that proper signs are used to make <strong>the</strong> public aware of hazards that may existConstruction companies and workers allhave a part to play in ensuring <strong>the</strong> public arenot endangered by construction work20www.sitesafe.org.nz


CHEMICALS AND NOISEChemicals, paint or concrete canbe hazardous in <strong>the</strong> hands of <strong>the</strong>public or to <strong>the</strong>ir property. Site noise,dust and <strong>we</strong>lding flashes requiresuitable screens and warning signsas <strong>the</strong>y are a <strong>risk</strong>.MACHINERYMachinery that is left unattendedor not locked away can encouragevandalism, <strong>the</strong>ft or misuse byunauthorised persons.Where practicable, <strong>the</strong> publicshould be prevented <strong>from</strong> entering<strong>the</strong> construction site or approachingconstruction activities. Precautionsmust be taken within <strong>the</strong> constructionsite to ensure any potential <strong>risk</strong> to<strong>the</strong> public is minimised. Creatinga public safety checklist for all jobsites is a good step for constructioncompanies to implement.Some public safety controlmeasures are:BARRICADESPublic areas that will be affectedby a construction job should bebarricaded. Barricades should beorange or yellow and have reflectivetape for night visibility. Detours mustbe clearly defined and protect people<strong>from</strong> potential dangers of road traffic,suspended loads, elevated workingplatforms and suspended scaffolds.Excavations should be coveredand securely fenced to prevent publicaccess. Keep <strong>the</strong> site tidy: neatlystack material, immobilise plant,and remove or lo<strong>we</strong>r ladders.Public areasthat will be affectedby a construction jobshould be barricadedWORKER VISIBILITYAll construction workers shouldbe in bright and highly visible PPEfor both motorists and pedestriansto see.Supervise vehicles across footpathsto remove <strong>the</strong> <strong>risk</strong> of danger to <strong>the</strong>public. Adequate security of <strong>the</strong> siteshould also be provided during nonworkinghours.EQUIPMENT AND TRAININGFOR VISITORSClearly mark and pad scaffoldintruding onto public access ways.Pneumatic tools should have silencersor o<strong>the</strong>r systems of noise abatementfitted such as timber or neoprene pilingdollies to keep noise to acceptablelevels. Induct all site visitors (not justworkers) so that everyone on site isaware of hazardsSIGNSEnsure that proper signs are usedto make pedestrians and motoristsaware of hazards that may exist.Walk past your job site and checkthat all signs are visible, not coveredup by traffic signs, trees, barricadesor o<strong>the</strong>r objects such as mail boxesor rubbish bins.WHAT’S THAT ALL ABOUT THEN?TEST YOUR KNOWLEDGE!Ab<strong>out</strong> Site SafeSite Safe NZ Inc is a not-for-profit, industry-led organisation that promotesa culture of safety in New Zealand construction and related industries.For more information ab<strong>out</strong> Site Safe NZ Inc, our products and services,or to speak to a Safety Advisor, contact us on 0800 SITE SAFE or visit our<strong>we</strong>bsite at www.sitesafe.org.nz.22) a b c23) a b c24) a b cConstruction companies musttake all practicable steps to ensuresafety for:a) Their employees.b) Their employees and <strong>the</strong> public.c) The staff <strong>the</strong>y consider worthprotecting.What should all construction workers<strong>we</strong>ar on site?a) Loose, comfortable clothing.b) Bright and highly visible PPE.c) Whatever attracts <strong>the</strong> most femaleattention.What function must signs fulfilfor pedestrians and motorists?a) Advertise your business.b) Raise awareness of hazards.c) Give <strong>the</strong>m something to else tomoan ab<strong>out</strong>.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.21


FEATURESLEGALGetting your hands on your money (Part 3)Details on proposed changes to <strong>the</strong> Construction Contracts Act and how it could affect you and your businessIn <strong>the</strong> previous two editions ofUnder Construction, <strong>we</strong> lookedat <strong>the</strong> Construction ContractsAct 2002 (Act), focusing on:a) How <strong>the</strong> Act may prove useful inhelping you get paid.b) The options available to youunder <strong>the</strong> Act to enforce paymentsdue to you, including <strong>the</strong> suspensionof work.In this month’s edition <strong>we</strong> look at<strong>the</strong> proposed changes to <strong>the</strong> Act, <strong>the</strong>reasons for <strong>the</strong>m and <strong>what</strong> it mightmean for you in your business.BACKGROUNDWhen <strong>the</strong> Act originally came intoforce in April 2003, it reformed <strong>the</strong>law relating to construction contractsand changed <strong>the</strong> face of disputeresolution in <strong>the</strong> New Zealandconstruction industry. Following itsintroduction, <strong>the</strong> Act generally appliedto every construction contract enteredinto after 1 April 2003, whe<strong>the</strong>r ornot governed by NZ law and whe<strong>the</strong>r<strong>the</strong> construction contract was written,oral, or partly written and partly oral.The Act also introduced provisionsreforming <strong>the</strong> law relating to constructioncontracts. In particular, it aimed to:a) Facilitate regular and timelypayments bet<strong>we</strong>en <strong>the</strong> parties toconstruction contracts.b) Provide for <strong>the</strong> speedy resolution ofdisputes arising under a constructioncontract.c) Provide remedies for <strong>the</strong> recoveryof payments under a constructioncontract.Ho<strong>we</strong>ver, a number of practicalissues have since arisen with <strong>the</strong>Act and <strong>the</strong> way it operates, or isapplied, on a day-to-day basis.22In particular, <strong>the</strong>re have beencomplaints around:a) The distinction drawn in <strong>the</strong> Actbet<strong>we</strong>en residential and commercialwww.simpsongrierson.comwww.bcito.org.nzThe proposed changes to <strong>the</strong> Act would clarify and shorten <strong>the</strong> timeframes that will apply once <strong>the</strong> dispute resolutionprocess starts, meaning less time wastedconstruction contracts (The Act sets<strong>out</strong> different procedures dependingon whe<strong>the</strong>r <strong>the</strong> construction contractis a residential or a commercialconstruction contract).b) Difficulties in enforcing determinationsunder <strong>the</strong> Act due to time and costbarriers.c) The fact that <strong>the</strong> Act only applies tophysical construction work, <strong>the</strong>rebypotentially excluding professionalservice providers, such as architectsand engineers, <strong>from</strong> its disputeresolution processes.CHANGES PROPOSEDThe Government is currently proposingto amend <strong>the</strong> Act (via <strong>the</strong> introductionof a Construction Contracts AmendmentBill) in order to:a) Improve <strong>the</strong> application of <strong>the</strong> Actto everyday situations.Publication delayedPublication of <strong>the</strong> revised NZS3910 Conditions of Contract forbuilding and engineering is no<strong>we</strong>xpected in mid-2013 due to alarge amount of public feedbackduring <strong>the</strong> comment period.Standards New Zealand issueda draft edition of <strong>the</strong> revised NZS3910 in September 2012, andinvited public comment for a periodof two months, during which morethan 1000 comments <strong>we</strong>re received.Based on <strong>the</strong> feedback <strong>from</strong> <strong>the</strong>sector, three standards will bepublished in place of one. Separatestandards will relate to construction,design and construction and termmaintenance.More information is available atstandards.co.nzN


) Create a uniform regime bet<strong>we</strong>enresidential and commercialconstruction contracts.c) Provide more cost-effective andefficient options for people withdisputes.In addition to a number of minorand technical changes proposed,<strong>the</strong> key changes proposed are:a) Removing <strong>the</strong> differentiationbet<strong>we</strong>en residential and commercialconstruction contracts in mostcircumstances. This will mean thatall payment claims – and not justthose relating to residential contracts– will need to be accompanied bya notice, which <strong>out</strong>lines <strong>the</strong> processfor responding to <strong>the</strong> paymentclaim and an explanation of <strong>the</strong>consequences of not respondingor not paying <strong>the</strong> claimed amounton time.b) Clarifying and shortening <strong>the</strong>timeframes that will apply once<strong>the</strong> dispute resolution process starts.This will mean that, in an adjudicationprocess, once a party applies tohave a determination enforced,<strong>the</strong> responding party will only havefive working days to respond, insteadof <strong>the</strong> current 15 working days(unless <strong>the</strong> adjudication is particularlycomplex in which case <strong>the</strong> adjudicatormay allow additional time).c) Extending <strong>the</strong> application of<strong>the</strong> range of work covered by <strong>the</strong>Act to include design, engineeringand quantity surveying work.WHAT DOES IT MEAN FOR ME?The changes to <strong>the</strong> Act <strong>out</strong>lined aboveare only proposed changes at thisstage; <strong>the</strong>re is still an opportunity tomake submissions, as it is anticipated<strong>the</strong>y will not be passed into lawuntil later this year. If <strong>the</strong> changesare implemented in <strong>the</strong>ir current form,it will mean that:a) Contractors, who work solely ormostly on commercial contracts,will need to send a notice wi<strong>the</strong>very payment claim <strong>out</strong>lining<strong>the</strong> process for responding to <strong>the</strong>payment claim and an explanationof <strong>the</strong> consequences of notresponding or not paying <strong>the</strong>claimed amount on time. Unlessthis notice is sent, any paymentclaim will be considered invalid.b) Professionals carrying <strong>out</strong> design,engineering and quantity surveyingwork will fall within <strong>the</strong> ambit of<strong>the</strong> Act and will need to be familiarwith <strong>the</strong> requirements imposed by<strong>the</strong> Act (in particular <strong>the</strong> paymentnotice requirement) along with<strong>the</strong> disputes resolution process.c) If you are involved in a disputeresolution process under <strong>the</strong> Act,you will need to be aware of <strong>the</strong>changes to <strong>the</strong> timeframes and keepon top of any applicable deadlines.This includes checking whe<strong>the</strong>r<strong>the</strong> respondent has been givenmore time.If you are involved in a dispute resolution processunder <strong>the</strong> Act, you will need to be aware of<strong>the</strong> changes to <strong>the</strong> timeframes and keep on topof any applicable deadlinesAb<strong>out</strong> Simpson GriersonThis article was prepared by Jo-Anne Knight, a Senior Associate ofSimpson Grierson. Jo-Anne specialises in <strong>the</strong> Construction Contracts Actand construction-related disputes. If you have any questions relating to thisarticle or <strong>the</strong> Construction Contracts Act, please contract Jo-Anne Knighton (09) 977 5340 or at jo-anne.knight@simpsongrierson.comThe information in this article is intended as a general guide only and isnot intended to be legal advice. Detailed advice should be obtained tocover a specific situation.WHAT’S THAT ALL ABOUT THEN?TEST YOUR KNOWLEDGE!25) a b c26) a b c27) a b cWhat is NOT a stated aim of amending How might <strong>the</strong> changes provideWhat would <strong>the</strong> range of work covered<strong>the</strong> Act?more cost-effective and efficient dispute by <strong>the</strong> Act extend to include?a) To improve <strong>the</strong> application of <strong>the</strong> Act resolution?a) Design, engineering and quantityto everyday situations.a) By clarifying and shortening timeframes. surveying.b) To provide more cost-effective andb) By following Queensbury rules.b) Range work.efficient options for people with disputes. c) By employing more mediators.c) Painting and interior decorating.c) To encourage more customers to takeup disputes with builders.B: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.NB: The questions and ans<strong>we</strong>rs in this section have been produced by <strong>the</strong> publisher and do not necessarily reflect views or opinions of <strong>the</strong> contributing organisation.23


© Copyright 2011 MiTek Holdings, Inc.All rights reserved.PRODUCT NEWSIncreased bond strengthNew trade mortar ideal for laying re-used bricksJust add water – Trade Mortar TX is strong, smoothand easy to useDricon’s new Trade MortarExtra (TX) is designed for useon recycled bricks, schist andstonework where <strong>the</strong>re is inconsistentsurface quality.Endorsed by <strong>the</strong> industry, TX containsa special additive that gives <strong>the</strong> mix ahigher than normal bond bet<strong>we</strong>en brickand mortar. This stronger bond is essentialwhen recycled bricks are to be used;NZS 4210 states that mortar shall not beless than 200kPa for structural compliancewith NZS 3604 and NZS 4229.Normal mortars generally do not providea high-enough bond. Dricon tests showTX contains a specialadditive that gives <strong>the</strong> mixa higher than normal bondbet<strong>we</strong>en brick and mortarthat <strong>the</strong> need for job-specific engineeringto confirm compliance should not benecessary with TX; ho<strong>we</strong>ver, a free bondtestingservice is available upon request.For fur<strong>the</strong>r peace of mind, <strong>the</strong> requiredstandard 12.5MPa compressive strengthis maintained with TX.Lock in <strong>the</strong> strengthDon’t let accommodating necessary services <strong>we</strong>aken your timber!The LUMBERLOK Top Plate Stiffener(TPS) has been developed to retain<strong>the</strong> structural strength of timberwall frame top plates, which havebeen drilled to accommodate servicesinto <strong>the</strong> wall frame cavity.Originally developed for use with internalvacuum systems in mind, <strong>the</strong> TPS can alsobe used to allow plumbing or o<strong>the</strong>r servicesto be installed where access through timbertop plates is desirable and complies withclause 8.7.5 in NZS 3604:2011.When using <strong>the</strong> TPS in this instance,a maximum hole size of 60mm canbe drilled. The TPS is <strong>the</strong>n fitted to <strong>the</strong>underside of <strong>the</strong> top plate using <strong>the</strong>specific screws included. It must befitted adjacent to a timber stud.The U-shape profile of <strong>the</strong> TPS provides <strong>the</strong>vertical stiffness lost <strong>from</strong> drilling <strong>the</strong> holeand allows both faces of <strong>the</strong> wall frame tobe unobstructed for lining or o<strong>the</strong>r purposes.The TPS is manufactured <strong>from</strong> Z275galvanised material to satisfy B2 durabilityrequirements (enclosed environment).They are packaged eight per carton andavailable at your local <strong>PlaceMakers</strong>.TOP PLATE STIFFENERFor internal vacuum systems ductingReinforces <strong>the</strong> top plate back to FULL STRENGTH!Alternative solution to Figure 8.20 NZS 3604:2011NZ Reg. DesignApp. 408133 © 2006MiTek New Zealand Ltd.The U-shape profile of <strong>the</strong> TPS provides <strong>the</strong> vertical stiffness lost <strong>from</strong> drilling <strong>the</strong> hole and allows both facesof <strong>the</strong> wall frame to be unobstructed for lining or o<strong>the</strong>r purposes08/201124


SPORT REPORTHurricanes get a kick <strong>from</strong> lending a handCommunity projects to benefit <strong>from</strong> second ‘Hurricanes Lend a Helping Hand’ campaignHurricane Andre Taylor sits with children of Rangikura Primary School, winners of <strong>the</strong> ‘Hurricanes Lend a Helping Hand’ 2012 initiativeWhile <strong>the</strong> Canes get stuckinto <strong>the</strong> hunt for <strong>the</strong> 2013Investec Super Rugby playoffs,off-field <strong>the</strong>y’ve got <strong>the</strong>ir eyes fixedon a different goal – helping <strong>the</strong>local community, with support <strong>from</strong><strong>PlaceMakers</strong>.This is <strong>the</strong> second year <strong>the</strong> competitionhas run since being initiated by <strong>the</strong>Wellington-based franchise in 2012; it givesschool groups, charities, fundraisers ando<strong>the</strong>r groups <strong>the</strong> chance to win valuablemanpo<strong>we</strong>r to help complete a specialproject – 30-strong manpo<strong>we</strong>r, to beprecise, courtesy of <strong>the</strong> Canes <strong>the</strong>mselves.Whe<strong>the</strong>r your kindergarten needs helpwith its garden, or your local communitycentre needs a fence painting, this is <strong>the</strong>chance to get 30 able-bodied helpersto make it that bit easier. <strong>PlaceMakers</strong>will also help <strong>out</strong> by contributing somematerials to <strong>the</strong> project.In 2012, <strong>the</strong> team helped givePorirua’s Rangikura Primary Schoolgoal posts for its rugby field after oneclass wrote to <strong>the</strong> team asking for help.Senior lock Jason Eaton thinks <strong>the</strong>Hurricanes’ Helping Hand Project is afantastic initiative and is glad it continuingthis year with <strong>the</strong> assistance of <strong>the</strong> team’sofficial community partner, <strong>PlaceMakers</strong>.“Last year <strong>we</strong> had a brilliant morning atRangikura Primary School. The kids <strong>we</strong>reso excited to get goal posts and to makethat happen was just as much of a boostfor <strong>the</strong> team as it was <strong>the</strong> kids,” he said.“We are really looking forward toseeing <strong>the</strong> entries this year so <strong>we</strong> canroll up our sleeves and get to work fora deserving community group.”Only one special project can bepicked, so make yours a winning pitch.For more information on <strong>the</strong> competitionand for terms and conditions visit www.hurricanes.co.nz/fans/community-eventsMeanwhile, <strong>the</strong> Hurricanes are puttingin plenty of hard work on <strong>the</strong> field tomeet <strong>the</strong> challenge of ano<strong>the</strong>r toughseason. With 24 players returning <strong>from</strong>2012 and eight new recruits, includingAll Blacks Ben Franks and young gunArdie Savea, <strong>the</strong> team is looking tobuild on <strong>the</strong> foundations set over <strong>the</strong>last 12 months and make <strong>the</strong> play-offs.LBP SKILLS MAINTENANCE, ONE HOUR OF LEARNINGAPRIL 2013IF YOU’VE READ THIS ISSUE OF UNDER CONSTRUCTIONFROM COVER TO COVER, PLEASE CUT OUT THISVOUCHER AND FILE IT TO RECORD YOUR LEARNING25✃


LIMITEDEDITIONHOLESAWS JUST GOT BETTERIntroducing...BLU-MOL BI-METALQUICK CHANGEHOLESAW KIT4930390$229+GST5mm thick heavyduty backingplate eliminatesneed for driveWide slot design on sidewalls and backing plate forincreased visibility whilecutting4/6 variable toothconfigurationBLU-MOL M219 PCE DRILL SET4933463BONUS * 2POWER BITS*WITH PURCHASE48mm depth ofcutCats eye openingfor easy plugremoval and lineof sight visibilityFleem groundteeth for longerlifeThin kerf design• 0.044” thickness for faster cutting• Prolongs battery life when used on cordless toolsAll prices exclude GST. Products featured may not be stocked in all stores but can be ordered in at <strong>the</strong> advertised price.BLU-MOL TCTQUICK CHANGEHOLESAW KIT4933298$149+GST$49 99+GSTOffers valid at your local <strong>PlaceMakers</strong> store bet<strong>we</strong>en 1 st – 30 th April 2013NORTHLANDKaitaia 408 9020Kerikeri 407 4820Mangawhai 431 4236Whangarei 470 3970AUCKLANDAlbany 414 0900Cook St, City 356 2899Helensville 420 9150Mt Wellington 570 8300New Lynn 825 0088Pakuranga 538 0200Pukekohe 237 0020Waiheke Island 372 0060Wairau Park 444 5155Westgate 815 6800Whangaparaoa 424 9000WAIKATO/BAY OF PLENTYClarence St, Hamilton 846 6700Huntly 828 2000Morrinsville 889 8057Mt Maunganui 575 4009Rotorua 345 6892Taupo 376 0220Te Kuiti 878 8149Te Rapa 846 6700Thames 868 0130Whakatane 306 0320Whitianga 867 2000CENTRAL NORTH ISLANDEgmont Road 755 9040Ha<strong>we</strong>ra 278 6013Hawkes Bay 843 5816Ohakune 385 8414Palmerston North 353 5777Wanganui 349 1919WELLINGTONEvans Bay 387 8692Kaiwharawhara 472 1616Levin 366 0960Kapiti 296 1086Porirua Megacentre 237 9189Seaview Park 568 5042UPPER SOUTH ISLANDBlenheim 520 6030Motueka 528 8164Port Nelson 547 9111Saxton Rd 547 9111CHRISTCHURCHAntigua Street 365 7155Cranford Street 375 4119Riccarton 348 2039CANTERBURYAshburton 308 9099Timaru 687 4035Twizel 435 3133SOUTHERNAlexandra 440 0198Crom<strong>we</strong>ll 445 9202Dunedin 466 4609Gore 209 0055Invercargill 211 0366Oamaru 433 0460Queenstown 450 9000Te Anau 249 7774Wanaka 443 0080Products featured may not be available inall stores but as part of our rain check policycan be ordered in at <strong>the</strong> advertised price.Contact your local store for availability.TOGETHER, WE’RE BUILDING NEW ZEALAND

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!