We outline the other avenues of redress available.

Redress options

The existence of the Weathertight Homes Resolution Service (WHRS) does not take away the usual legal avenues to seek redress. In particular:

1. The Consumer Guarantees Act (CGA) requires people who are providing a service, such as designers and builders, to do their job with reasonable care and skill. And any goods supplied in the building of the house have to be fit for that particular purpose. If the house leaks you may have remedies under the CGA. In the case of faulty materials, where they are already incorporated into real or personal property, you can’t return them. But you may still have the right to damages for general and consequential losses, such as damage to internal linings. In the case of services, where insufficient care and skill has been used, you can ask for the problem to be fixed. For example, ask to have leaking flashings re-installed correctly. You may also be able to claim compensation for the consequential loss, for example, if the leaking flashings have caused water damage inside.
   
2. You may be able to take action for breach of contract or negligence  You will need to get legal advice about taking any action. For houses built since November 2004, you may be able to sue for breach of the implied warranties in the building contract. Those you can take action against include the builder, the designer, and the building consent authority (who issued the building consent and code compliance certificate). Whether you can take action against a subcontractor is less clear and will depend on the circumstances in each case.
   
3. If you bought the house and got a pre-purchase inspection which did not pick up an obvious problem, you may be able to take action against the inspector under the CGA or for negligence. Again you will have to consult a lawyer for advice.
   
4. You have the option of mediation or arbitration.

Check your insurance policy

Many insurance policies cover gradual deterioration caused by water. This is intended to cover problems such as a leaking shower. Your house insurance is unlikely to cover defects in the house when it was built, resulting in damage through leaking, but it may be worth asking anyway, as each company may have a different policy.

If you are covered, there is likely to be a limit on how much the insurance company will pay out.