Hi,
It is important that firstly your requirement to fill out the Record of Work (R.O.W) is done and handed to the Building Consent Authority (B.C.A) as quickly as possible.
The BCA is nationally recognised as the holder of public document. By law they are not obligated to explain to you the ramifications of you not doing this.
"THE RAMIFICATIONS ARE MASSIVE."
Let me paint a few possible scenarios.
You in good faith get a contract to build a two story townhouse. You diligently have a current association or standards nz contract.
Scenario 1:
You have had to document your details as the project progresses. Footings/subfloor,walls,roof,column/beams,bracing. Halfway through the contract the client and you fallout. You walk from the contract and without payment and no row submitted to bca. The new builder does not designate where he started and finished on his contract and with his row.
The law does not require the owner to contact you when they sell. The owner you fell out with sells. The new owner installs French doors and installs a new roof extension illegally. Obviously you are unaware of this. The second owner sells, the third owner knows the building act 2004. The extension leaks, the French doors leak and do not comply to the code.
You are happily unaware of this impending doom until you are contacted by the council lawyer to go to court too address whether you lied when you filled out your row. Remember this is scenario 1 when you have fallen out with the client. Your liability has no limit. Because you never submitted a row because of the non completion of the project you personally are held liable for ever. In addition to this you do not currently have an
appproved system by the bca to document what in the industry of quality assurance is called "traceability". You need too document your actions to the same level as the bca.
Section 90 of the building act 2004 clearly states that "Reasonable steps" should have been instituted in the process of your building and it should mirror the bca or higher.
Disclaimer: As with any blog opinion a lawyer should be consulted to confirm the accuracy of my ideas.
