26 January 2017
Jake Preston
Sent by email:
[FYI request #4973 email]
Dear Mr Preston
Request for information
I refer to your Official Information Act 1982 (
OIA) request dated 16 November 2016 where
you requested the following:
“In what part os its contracts with suppliers of engineered resin solutions does
Southern Response , its agents or sub contractors, ensure that the engineered resin
solution will meet the longevity requirements of the building code, specifically the
longevity requirements for foundation elements?”
In response to your request, the following clauses are used with Southern Response and its
agents or sub-contractors to ensure that engineered resin solution will meet longevity
requirements.
clause 7.4 of Southern Response’s General Conditions of Contract:
“Al work must be carried out in accordance with good trade practice. Materials are to
be new, of good quality, and suitable for the intended purpose. For certain products
and work other specific warranties and guarantees may also apply (please see the
Contractor's prescribed disclosure information regarding any additional warranties or
guarantees that may apply).”
clause 8.4 of Southern Response’s General Conditions of Contract:
“The Contractor shall comply in all respects with all laws and legal requirements,
including, without limitation, the Building Act 2004, the Resource Management Act
1991, and all regulations, by-laws, licences, permits and consents applicable to the
Contract Works.”
The contractor engaged by Southern Response/Arrow is responsible for contracting
with suppliers. Mainmark is the main supplier of engineered resin products.
Mainmark’s
General Conditions of Engagement includes the following warranty:
“Mainmark warrants that under normal conditions, its injected materials wil resist
shrinkage and deterioration for up to 50 years.”
You are welcome to contact the Ombudsman about this decision. To do so, you can visit
their website -
http://www.ombudsman.parliament.nz/ .
Yours Sincerely
Kate Armstrong
Legal Risk Advisor
