20 August 2015

Insurance: Southland Indoor Leisure Centre v. Invercargill City

IAG Insurance is getting back $16.9 million dollars from Invercargill City after paying out for damage to the Southland Indoor Leisure Centre following a catastrophic roof collapse in 2010.
The Leisure Centre roof collapsed in September 2010 after heavy snow.  Engineering investigations found snow was not the cause of the collapse; roof trusses were not welded correctly to specification and had been signed off without proper checks.  Leisure Centre insurers IAG paid for the rebuild, then exercised its rights of subrogation to sue the Council and the project engineer for negligence.  Having paid on a claim, insurers have a legal right to stand in the shoes of the insured client and exercise the client’s legal right to sue any person responsible for the loss.
Invercargill’s massive indoor stadium was built with local money.  The High Court was told concerns were raised during construction in 1999 that the roof trusses were sagging.  Remedial work was ordered.  Evidence was given that the remedial work was not properly carried out, the contract engineer signed off the work without inspecting it and the Council issued a building code compliance certificate without first getting all the necessary paper work.  The Council’s building inspector didn’t agree to the code compliance certificate being released.  It appears a junior staff member expedited the certificate’s release on her own initiative to enable a liquor licence application to be made for the Leisure Centre.
Justice Dunningham ruled the Council was negligent in issuing a compliance certificate for the roof truss repair when it had no information before it to reasonably conclude the work complied with the building code.  Local engineer, Mr Tony Major, was consulting engineer for the project.  He was held ninety per cent to blame for the consequent damage.  Mr Major had primary responsibility to monitor the remedial work, ensuring it complied with specifications and the building code.  Justice Dunningham said Mr Major did not so much as undertake the monitoring negligently, he simply did not undertake it at all, relying on the steel fabricator’s word that the work was done correctly.  Mr Major’s insurers fronted with one million dollars as part compensation for the damage.
Southland Indoor Leisure Centre v. Invercargill City – High Court (20.08.15)

15.090