Leaky school costs firm $13m

Buckets in classrooms, flooring like Weet-Bix: Damages against H Construction total nearly half project’s cost

Aconstruction company has been ordered to pay about $13 million for leaky buildings that have troubled an Auckland school for eight years. Botany Downs Secondary College, a co-educational school with a roll of nearly 2000, resorted to using buckets in classrooms to deal with the leaks, a court has heard.

The three plaintiffs — the Minister of Education, Secretary for Education and the school’s board of trustees — said leaks in nine buildings were caused by construction defects.

H Construction North Island Ltd, formerly known as Hawkins Construction North Island Ltd (Hawkins), put up the buildings between 2003 and 2009.

In a decision released yesterday, Justice Jonathan Downs said Hawkins must pay the plaintiffs $13,424,967.40 plus GST.

If the parties could not agree on costs, the plaintiffs could file a submission by May 15 and Hawkins could respond by May 29.

“The sum is not small, but Hawkins was paid approximately $28m to build the school; pupils and teachers have not had the benefit of healthy code-compliant buildings for eight years; and the award reflects the amount necessary to repair the school, not more,” the justice said.

Justice Downs said Hawkins was liable to pay the cost of remedying four out of five defects and for a component of a sixth.

These defects included inadequate ground clearance, poorly formed metal roofs and poorly formed internal gutters.

“An aspect of Hawkins’ defence, at least to some elements of the claim,

is that fault lies with the architect because of design failings,” the judgment reads. However, Hawkins did not join the architect as a [third] party, or subpoena any of its personnel as witnesses.

“This approach is available, but artificial. Consequently, this judgment does not identify the architect. Or, make determinations adverse to it.”

Justice Downs visited the school on day two of the trial — it rained throughout.

“Two live leaks were obvious: from the gymnasium roof on to the floor; and from the roof of the administration building into the staffroom. Each had an accompanying bucket.”

A piece of particle board taken from underneath rotten carpet in a gymnasium staff office was entered into evidence as it “had the consistency of Weet-Bix”.

The wooden floor of the gymnasium and performing arts centre sits on packers — some of which are timber but were meant to be rubber.

The timber ones were rotting because water had entered the space below the floor and the floor was dropping.

Many temporary repairs had been needed. These included the replacement of about 200 water-stained ceiling tiles, installation of temporary gutters to the pop-up roofs, extensive replacement of roof fixings and use of temporary flashings.

Extensive replacement of roof fixings and use of temporary flashings would later be described by a building surveyor as “like putting a finger in a dam”.

Botany Downs Secondary College principal Karen Brinsden told the Herald it was still early days.

“It’s been a long journey, I am very very pleased with the outcome.”

The ministry said it would now take steps to enforce the damages award.

A Hawkins representative said the company was surprised by the result but wanted to reflect on the decision before commenting.

The leaky building crisis, which emerged in the early 2000s, has hit schools particularly hard. In 2011 former Prime Minister John Key said an estimated 96 per cent of school buildings modified between 1995 and 2005 had weathertightness issues.

The following year a survey estimated more than 3000 leaky buildings needed fixing at a cost of $1.4 billion.

The estimate was later revised down to 2500 buildings and a $1.1b price tag.