The mortgage loan terms/conditions for disbursement of payment would be authorized by Ms. Jan Davis of Hawkes Bay Business Partners Bank of New Zealand. 80% of the assessed value of an onsite construction inspection provided by Mr. W.R. Hawkins FNZIV FPINZ of Williams’ Harvey Ltd.

Wednesday, 2^nd September 2009 (Spring) Hintzen/Ritch paid $2000.00 deposit for drafting to Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay.  Mr. Mintoft estimated time of completion on the house would be end of December 2009.

Thursday, 22^nd October, 2009 (Spring) Hintzen/Ritch receive from Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay a 60 page document “specification of work to be done and materials to be used in carrying out the works shown” for the Winton design - Homestead series.

Tuesday, 3^rd November, 2009 (Spring) Hintzen/Ritch receives the final quote from Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay on the Winton modified design – Homestead series.

Friday, 4^th December, 2009 (Summer) Hintzen/Ritch received bill for $10, 900.00 for drafting/Hastings District consent costs – after applying the $2000.00 deposit from 2^nd September, 2009 paid additional $8,900.00 (the day before the company went into liquidation) to Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay.

Saturday, 5^th December, 2009 (Summer) The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay voluntarily placed themselves into liquidation by the silent business partner Mr. David Harrap……delaying construction.

Thursday, 10^th December, 2009 (Summer) Mr. Peter Mintoft was adjudged bankrupt in the Napier Court.

Sunday, 4^th January, 2010 (Summer) Hintzen/Ritch was informed about The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay being placed into liquidation/receivership - Mr. Robert Hunt Managing Director of Highmark Homes Ltd. started reviewing all contracts from Highmark Homes Hawkes Bay. Contacted Ms. Carol Hall BSc (High Hons) Juris Doctor Senior Associate of Carlile Dowling Lawyers who filed an Unsecured Creditor’s Claim with Mr. Kenneth Oliver of Contract Management Limited (the liquidator) to recoup the $10,900.00 for drafting/Hastings District consent costs.

Monday, 18^th January, 2010 (Summer) Hintzen/Ritch drove to the Bay of Plenty to meet with Mr. Robert Hunt Managing Director of Highmark Homes Ltd. – Mr. Ryan Hunt and Ms. Kerry Christian PA/Office Manager.

Wednesday, 27^th January, 2010 (Summer) Mr. Bob Hunt Managing Director of Highmark Homes Ltd. drove to Napier and met Mr. Jon Band / Mr. Mark Nicholas of Oak Construction Ltd. along with Hintzen/Ritch. Hintzen/Ritch had to repay the $2000.00 and $8,900.00 to Mr. Bob Hunt Managing Director of Highmark Homes Ltd. for drafting/ Hastings District consent costs in order to continue with the construction of our home.

The Resource Management Act 1991 changed and requires the approval of all legal owners and occupiers of an affected property (our neighbours) within 15 metres (was 6 metres when we started this project) of a land-use proposal (building a structure near their property line) to grant written consent. Of the three legal owners and occupiers, only one did not grant written consent. Friday, 19^th February, 2010 (Summer) Mr. Hintzen met with Mr. Stuart Riden to enquire about his written consent. He was told to contact Mr. Duncan J. Watson LLB. of McKay Hill Barristers Solicitors. After a lengthy discussion with Mr. Watson that same Friday, Mr. Watson informed Hintzen/Ritch that Mr. Watson should really be speaking to our Solicitor Chris Gibson LLB Barrister, Solicitor & Notary Public of Carlile Dowling Lawyers – who could not get in contact with Mr. Watson – so he wrote a letter dated Tuesday, 23^rd March, 2010 (Autumn). It was not until Friday 26^th March, 2010 (Autumn) Mr. Gibson received a letter from Mr. R. H. Hill of McKay Hill Barristers Solicitors stating Mr. Riden agrees to provide the formal written consent as long as Hintzen/Ritch accept his four terms/conditions. Hastings District Council could not grant the building consent until they received formal written consent from Mr. Stuart Riden……delaying construction. Mr. Stuart Riden currently resides in Dubai, he and his wife left New Zealand in 1999 and lease their lands. Why Mr. Riden made us go through this……we do not know.

Friday, 16^th April, 2010 (Autumn) Ms. Hall does not believe that further attendances in this matter will be of fruition in obtaining a reimbursement to us of any funds from Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay.

Thursday 22^nd April, 2010 (Autumn) Hastings District Council approves Hintzen/Ritch building consent.

Monday, 3^rd May, 2010 (Autumn) Oak Construction Ltd. begins work – weather starts to delay construction.

Thursday, 24^th June, 2010 (Winter) Regan O’Brien from Fairview Windows & Doors Napier dropped by the building site to measure the apertures for the windows and doors (incidentally, this business came highly recommended by Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay).

Friday, 9^th July, 2010 (Winter) Due to heavy rain Oak Construction Ltd. had to deal with a landslip on the hillside partially blocking Hintzen/Ritch driveway……delaying construction.

Monday, 26^th July, 2010 (Winter) Oak Construction Ltd. began installing the windows and doors from Fairview Windows & Doors Napier. A few of the windows were delivered to the building site unassembled – unfinished, so Hintzen/Ritch returned them the same day to Fairview Windows & Doors Napier. A Brobdingnagian front door arrived which did not fit into its aperture……this too had to be corrected.

The 11 windows and one set of French doors which face Lake Tūtira - could not be delivered on time because Fairview Windows & Doors Hamilton went into liquidation/receivership. 

Fairview Windows & Doors Napier did not have the facilities to complete Hintzen/Ritch order so they outsourced it to Fairview Windows & Doors Hamilton. Fairview Windows & Doors Greytown took over the order but informed us of a 6 week delay.  The Hastings District Council had to cancel their inspection for Preline/Moisture Check/Insulation - which meant Williams' Harvey Ltd. had to cancel their valuation inspection - which meant Bank of New Zealand could not disperse funds to pay the contractors……further delaying construction and over budget. 

Saturday, 4^th September, 2010 (Spring) toil recommenced for Oak Construction Ltd. fitting our doors and windows.

1. None of the windows had any flashing.

2. All 11 windows were measured incorrectly, they were too small.

3. The French doors were oversized.

4. Two of the bedroom windows (they were to be placed on each side of the French doors) now had to be reduced 50% widthwise to accommodate the French doors……it would be a further delay to fix the problem.

Sunday, 12^th September 2010 (Spring) Fairview Windows & Doors Napier picked up the two bedroom windows from the building site to be delivered to Fairview Windows & Doors Greytown. The Hastings District Council had to cancel their second scheduled inspection for Preline/Moisture Check/Insulation - which meant Williams' Harvey Ltd. had to cancel their second scheduled valuation inspection - which meant Bank of New Zealand could not disperse funds to pay the contractors……further delaying construction and over budget. 

Thursday, 16^th September, 2010 (Spring) Mr. Hintzen schedules a meeting with Ms. Jan Davis of Hawkes Bay Business Partners Bank of New Zealand to discuss the possibility of the contractors walking away from our building project due to late payments on invoices. That same day, Ms. Kerry Christian PA/Office Manager on behalf of Mr. Robert Hunt Managing Director of Highmark Homes Ltd. places a hold on the third and final shipment of supplies from PlaceMakers scheduled for delivery on Monday, 20^th September, 2010 because their invoice is behind in payment……further delaying construction and over budget. A meeting is held between Ms. Jan Davis – Mr. W.R. Hawkins – Highmark Homes Ltd. to address the situation. Hintzen/Ritch has no choice but to secure other sourcing of the supplies so that construction can resume. 

Wednesday, 6^th October, 2010 (Spring) Hintzen/Ritch must move into their uncompleted home (over one year from when they first started the process with Mr. Peter Mintoft of The Kitset Company Ltd. Trading as Highmark Homes Hawkes Bay).

Friday, 8^th October, 2010 (Spring) Fairview Windows & Doors Napier telephones Hintzen/Ritch they will be taking back all windows/doors installed on Monday, 11^th October, 2010 because their invoice is behind in payment.

We are now in the final phase of construction. We require one last inspection for “P & D/Building” from the Hastings District Council for a “Code of Compliance Certificate”(to be issued on the completion of all work) – one last valuation inspection from Williams’ Harvey Ltd. so Bank of New Zealand can disperse the remaining funds to pay the remaining invoices from the contractors.

With new building construction in New Zealand, the Bank always pays for construction in Arrears.

In the normal construction building cycle this is normally not an issue, provided no delays are encountered.  The contractor (or sub-contractor) comes and does the work, then bills the owner on the 10^th of the next month for the parts and labour, expecting payment on the 20^th of the month – normally 30 to 40 days after work has been completed.  More than enough time to have the “valuator” come out and provide a new valuation to the Bank, who can then release funds to make payments.

However with the extreme delays we have had on this project, payment in Arrears has caused some sub-contractors to be over 2 months overdue with billing due to our inability to “complete” a stage in a timely manner.