FROM NZCB —
Gabby Surtees Administration & Customer Liaison Halo Guarantees Limited
Completion Certificates and Waiver of Subrogation Building a home can be challenging. To ensure you get the most out of your Halo Guarantee, Halo Guarantees Limited outlines the importance of the Completion Certificate and the features of the Waiver of Subrogation. Completion Certification When the contracted work has finished, the homeowner must complete the Halo Completion Certificate, which is the final step in the process. It’s important because it captures the final Contract Price, including any variations and what determines the final sum covered by your Halo 10-Year Residential Guarantee. It also records the date the Build reached Practical Completion/Date of Possession (whichever is earlier), which triggers the beginning of the 10-Year Defect Guarantee Period as well as the Builder’s Waiver of Subrogation Cover (commencing two years later). If the Completion Certificate is not returned, the Halo 10-Year Residential Guarantee will either automatically start 120 days after the expected completion date supplied or a date determined by Halo Guarantees Limited with the original Contract Price supplied.
ogation Waiver of SubrRAN TEE 10 YEAR RESIDENTIAL
GUA
GUARANTEE NUMBER
Waiver of Subrogation The Halo Guarantee provides unique protection for the Builder under the Waiver of Subrogation (previously called Sleep Easy Cover), which commences two years after the Practical Completion Date of the Build. This means Halo Guarantees Limited will step in to assist with any claims made against the Builder. To benefit from this, the Builder must have a current New Zealand Certified Builders (NZCB) membership at the time a claim is made. It is important to note, the Builder’s Waiver of Subrogation will not trigger if:
Legal Name of Builder Name of Owner(s)
BUILDING SITE DP No.
Site Details Lot No.
– the Homeowner does not lodge a valid claim, therefore it cannot be seen as a method of NZCB builders avoiding meeting their liabilities to fix defects under the Building Act.
CT No.
– the Builder does not have genuine grounds to contest the claim – in other words NZCB builders should be prepared to accept that if they are clearly in the wrong, the Waiver of Subrogation does not apply.
Site Address
above:
it may of subrogation, which d agrees to waive all rights ied above (“the Halo Guarantees Limite under the Guarantee identif ions in 2 and 3 below, the second of any claim(s) accepted 1. Subject to the provis period commencing on t the Builder arising out Cover ntees Limited during the of Guara Period have or acquire agains Halo the to of d end finishing at the discovered and notifie ed in the Guarantee and Guarantee”) which are al Completion Date specifi anniversary of the Practic Act 2017, the expression Waiver Period”). ct and Commercial Law under the Guarantee (“the 2 Subpart 1 of the Contra of this waiver, and of Part es purpos the For iation Inc. who was 2. d Certified Builders Assoc Zealan New the of “Builder”: er ual or Business Memb and includes a. Means the Individ relevant building work, the Builder, and of yees engaged to carry out the emplo of rs or members of the group, contractors in the nature of people) all the partne b. All employees and unincorporated group partnership or similar c. (if the Builder is a and people who olders of, directors of, shareh the all entity) and orated company or similar incorp d. (if the Builder is a r. control the Builder, but Builde the of r ntracto in the effectively manage or r to or subco circumstances where, any independent supplie Guarantees Limited in e. does not include be enforced against Halo not apply and cannot ntee 3. This waiver does accepted under the Guara ntees Ltd: s) Guara claim( the Halo t of n contes on which to reasonable opinio have genuine grounds s) tely proven); a. the Builder does not r in respect of the claim( those grounds are ultima g ruling against the Builde Arbitrator, Adjudicator or (irrespective of whether y with a final and bindin al, compl Tribun to Court, failed a by has r been issued b. the Builde ntee, which ruling has time accepted under the Guara tion: or (in any category) at the Inc. iation jurisdic tent Assoc rs Referee of compe Zealand Certified Builde Limited. a Member of the New d to Halo Guarantees c. the Builder is not discovered and notifie the relevant claim(s) is/are
To the Builder named
SIGNED FOR AND ON
– the Builder has failed to comply with any final and binding ruling against the Builder in respect of the claim, which has been issued by a Court, Arbitrator or similar. For more information, please contact the Halo Guarantees Limited team on 0800 141 490 or applications@halo.nz
NTEES LTD BEHALF OF HALO GUARA Date
SIGNATURE NAME / TITLE.
tees Ltd, Director Grant Florence, Halo Guaran
ga Central, Tauranga , PO Box 13415, Tauran01 HGL05 Halo Guarantees Limited Version 202010
3141, Ph 0800 141 490
Your Halo 10-Year Residential Guarantee is administered by Halo Guarantees Limited, a company owned 100% by New Zealand Certified Builders Association. All Halo Guarantee documentation can be found on the NZCB members’ only Toolshed. If you have any questions please contact Gabby on 0800 141 490 or applications@halo.co.nz
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