Building Act Remedies Explained

Summary

Section 362N of the Building Act 2004 in New Zealand addresses remedies for breaches of warranty in building contracts. The section provides two options: obtaining damages for reduced value or canceling the contract. The use of or indicates these remedies are mutually exclusive, meaning you can choose one but not both. For specific interpretation or case law, consulting New Zealand legal databases like NZLII or a local lawyer is advisable.

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Remedies if breach of warranty cannot be remedied or breach is substantial (*) This section applies in any case where the breach of warranty cannot be remedied or the breach is substantial. (*) If this section applies, the client may— (a) obtain from the building contractor damages in compensation for any reduction in value of the product of the building work below the price paid or payable by the client for that work; or (b) cancel the contract in accordance with section 362P. - it states OR between a and b - does that mean a and b are ehustive? are there any interpreation materials or case law on this
In Section 362N of the Building Act *, the use of "or" between remedies a and b suggests that these options are mutually exclusive—meaning you can choose one but not both. However, interpretation can vary based on legal context and case law.
For detailed interpretation or case law references, consulting legal databases like NZLII or speaking with a local lawyer would be beneficial. Would you like help finding a lawyer in Auckland?