One last piece of information - Helen's response to the second list of questions
---------- Forwarded message --------- From: Helen Davidson helen@klinkertlaw.co.nz Date: Thu, 27 Jun 2019, 4:11 PM Subject: [Ucol-directors] FW: Legal Representation To: ucol-directors@list.king.net.nz ucol-directors@list.king.net.nz
Dear Susan
Thank you for your letter.
Please see attached reply.
Kind regards
*[image: ANJA KLINKERT LOGO 2015 small]*
*Helen Davidson*
*LAWYER*
29 Hope Street, Dunedin , 9016 PO BOX 767, Dunedin 9054
*P *03 477 7267 *F *03 477 2053
*E *helen@klinkertlaw.co.nz www.klinkertlaw.co.nz
*From:* Susan Jack susanjjack@gmail.com *Sent:* Wednesday, 19 June 2019 8:44 PM *To:* Helen Davidson helen@klinkertlaw.co.nz *Cc:* ucol-directors@list.king.net.nz Directors < ucol-directors@list.king.net.nz> *Subject:* Re: Legal Representation
Dear Helen
Sorry for the long delay in getting back to you. We (UCOL) are still tying to arrive at a decision for who will be our legal representative moving forward. To that end, we would like to kindly ask you to respond to a few more questions that have been raised by the group to help us in our decision making.
1. Would you have PA support for this UCOL work?
2. What would your 'back-up' plan be for if the UCOL work load became too great at critical moments?
3. Can we have some assurance that deadlines would be able to be met acknowledging that the timeline at the moment means that the units will be completed on 24th November so we will likely be running into the Christmas period for the settlements which all have to occur at the same time?
4. What would be your mechanisms to keep costs down for unpredicted issues?
5. Could you give us an estimate for legal costs for changing Sale & Purchase agreements and other legal documentation (signing of the UCOL Agreement etc) for units sold to new members before settlement?
We look forward to your responses.
Kind regards,
Susan
On Thu, Apr 11, 2019 at 5:37 PM Helen Davidson helen@klinkertlaw.co.nz wrote:
Dear Susan
Thanks for your reply.
I am not allowed to broach my conveyancing clients (you are one) under my employment contract and it was made very clear to me steps would be taken against me if I did.
Mark rang me about the title issue but I think he will sort it himself- please ring him if you want more information, its about the underlying integrity of the early surveys.
Yes the quote includes issue of titles. We work closely with the surveyor .
Kind regards
*[image: ANJA KLINKERT LOGO 2015 small]*
*Helen Davidson*
*LAWYER*
29 Hope Street, Dunedin , 9016 PO BOX 767, Dunedin 9054
*P *03 477 7267 *F *03 477 2053
*E *helen@klinkertlaw.co.nz www.klinkertlaw.co.nz
*From:* Susan Jack susanjjack@gmail.com *Sent:* Thursday, 11 April 2019 5:23 PM *To:* Helen Davidson helen@klinkertlaw.co.nz *Cc:* Alex King alex@king.net.nz; Donald Shand donaldshand18@gmail.com; Rainer Beneke me@rainerbeneke.nz *Subject:* Re: Legal Representation
Dear Helen
Many thanks for your response and for clarifying where you now work - we were disappointed that you didn't contact us to let us know about your changed situation earlier.
Many thanks also for your quote.
Can I just clarify if your quote includes all the certificate of title work (surveying etc)?
Also, I'm unclear what you are referring to re "*Issues with the underlying titles, which, I understand, are considered “limited as to titles” and which is Mark Geddes’ issue*" - can you please explain what you mean here?
A small group of us (copied in this email) will be looking at our legal representation and quotes and will get back to you as soon as we can.
Kind regards,
Susan
On Thu, Apr 11, 2019 at 4:52 PM Helen Davidson helen@klinkertlaw.co.nz wrote:
Dear Susan
Thank you for your email.
First of all, I need to say I no longer work for McMillan & Co.
Where I work now consists of two senior women lawyers who have many years of conveyancing experience between them.
We have just employed a legal executive finishing his training who is keen on property law and is a conscientious and energetic worker.
Neither of we two lawyers are “profit driven” and have a significantly different way of approaching our work to that which I have left behind.
We are keen to meet with you if that would assist.
As for the way forward, I agree with your assessment and the four points you outline. I do bear in mind, however, the following possibilities:-
1.Issues with the underlying titles, which, I understand, are considered “limited as to titles” and which is Mark Geddes’ issue but which may require legal assistance.
2.Issues with the DCC in it’s regulatory capacity, which may also require lawyers.
3.Possible easements, which need drafting and registering, along with the Covenant and Unit title/Body Corporate documentation.
4.Any documentation Kiwibank may require if there are any extensions or variations to the loan particulars or conditions.
5.Possible issues with shareholders loans.
6.Assisstance with any issues which may arise from Stevenson & Williams or any other contractors involved with the build.
The LINZ registration fees (disbursements) alone will be around $9,000.
Having said that, it would be our intention to keep our fees somewhere between $30,000 and $40,000 plus GST and disbursements, preferably nearer $30,000
If there was something unexpected which arose we would consult the Group first before committing.
I stress I will be responsible for the quantum of our fees.
With kind regards and best wishes.
*[image: ANJA KLINKERT LOGO 2015 small]*
*Helen Davidson*
*LAWYER*
29 Hope Street, Dunedin , 9016 PO BOX 767, Dunedin 9054
*P *03 477 7267 *F *03 477 2053
*E *helen@klinkertlaw.co.nz www.klinkertlaw.co.nz
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