EQC ACTION GROUP

Peter Woods

1EQC Action Group and EQC Joint Statement2Limitation Period3EQC Defective repairs to pre-1970s homes4MBIE Survey5Underfoot Services Ltd6EQCfix.nz survey

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EQC Action Group and EQC Joint Statement

1Joint Statement four key featuresWhen new and applicable lawsUndamaged parts of the houseMBIE floor dislevelmentEQC pays rather than repairs

CASE STUDYRecent EQC ReviewJuly 2016IssuesHomeowner disputes EQC settlementHomeowner disputes historic floor settlement vs earthquake related foundation damageHomeowner has engaged legal representation

CASE STUDYReview by CHRP Complex Solution Team EQC original engineering reportRecommends a foundation relevel by way of jack & pack up to a maximum of 100mm packing, in order to return the house to its prior conditionCST DecisionReturning the house to its prior condition does not fulfil EQCs obligations to replace or reinstate the building to a condition substantially as but not better or more extensive than when new Therefore EQC cannot rely on the report to support its position

CASE STUDYEQR original engineering report:Earthquake related settlement recommends a performance based lift to pre-earthquake levelsCST DecisionPerformance based lifting does not fulfil EQCs obligations to replace or reinstate the building to a condition substantially as but not better or more extensive than when newTherefore EQC cannot rely on the EQR report to support its position

CASE STUDYDeterminationThe claim was desktop re-costed and the new costing information based on the foundation rebuild indicated the claim was overcapClaim was sent for urgent settlement review and apportionment

What can you do?Ask for EQC review template letter www.eqcfix.nzProve itfrom EQC/EQR documentsexpert evidenceEQC complaints processLegal advice (Residential Advisory Service RAS)

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LIMITATION PERIODEQCs Position

EQCs position at August 2016EQC will approach the six-year period for all claims as running:Where an EQC claim has been settled, from the date EQC settled that claim;Where an EQC claim has not yet been settled, from the date when EQC settles or declines that claim; orWhere a claim is declined, from the date that EQC declines the claim.

Defining Settlement DateFor settled claims, EQC will calculate the limitation date from its settlement date which is:

Claims settled by payment:starts from the date EQC makes payment in settlement of your claimWhere EQC has made one or more top-up payments, starts from the most recent paymentIf no payment is made because the settlement due is less than the excess amount, starts from when EQC tells the customer

Claims settled by repair under CHRP:starts from the date of practical completionIf there have been further repairs after the date of practical completion, starts from when those further repairs were completed

Claims that are still undecided:not yet settled, and has not been declined, starts from when the claim is settled or declined

Claims that have or will be declined: starts from the date EQC notifies its decision

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EQC defective repairs to pre 1970 homesINFORMATION SET ONLINEFACT SHEETVIDEOSSURVEYwww.EQCfix.NZ

Rubble perimeter ring and pile foundationsPoor EQC damage assessmentsDefective EQC repairs

This is an imbedded video go to the website to watch resources tab.

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MBIE SURVEY

Completed structural repairs done on exempt basisSelf-selected by IAG/SR/EQC/HNZComplaints were not eligible

90 checked55 failed45 jack & pack perimeter ring and pile failed81% of failures = EQC

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UNDERFOOT SERVICESAn Audit of Repair

Watch the Videos

5Underfoot Services LtdOver 350 homes inspectedEQC damage assessments inadequateEQC repairs defective85% foundation replacement required

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EQCfix.NZ SurveyAn Audit of Repair

Read the Fact Sheet

An independent assessment of the problemAs many as possible to be completedRandom sample of 100 to be checkedResults to be peer reviewedNo obligation

EQCfix.nz survey (contd)Potentially thousands of homes affectedHome owners unaware of defectsLoss of equityLoss of insuranceAn independent assessment of the positionMake EQC accountable

Complete the Survey