The Development of the Law on a Builder’s Duty of Care

First Prize winner the Society of Construction Law New Zealand 2019 Essay Prize Winner

The 2018 High Court decision of Ministry of Education v H Construction North Island Limited (“MoE v Hawkins”) is a notable judgment that answered the question of whether contractors owe a duty of care to owners of commercial buildings. This paper provides an overview of the law of negligence in relation to building work and analyses MoE v Hawkins. Throughout the paper it is argued that, while MoE v Hawkins is an important authority, there are certain aspects of the judgment that invite critique.