Auckland Construction Disputes Lawyer- Common Cases
An Auckland construction dispute lawyer will work on a wide range of different types of case. This is because there are so many moving parts to a construction project, even a relatively small one like renovating a house.
Who?
Besides the actual builder, there will be an assortment of sub-contractors like plumbers, carpenters, electricians, drainage people, fencing, roofing, painting, and more. There will also be professional service firms like architects or designers, quantity surveyors, engineers, geo-tech services, and others. Then there are the regulatory bodies like Auckland Council, environmental issues, RMA, and plenty of others. It is easy to see how issues can arise between any of these interested parties needing the expertise of Aa Auckland construction dispute lawyer.
What?
There are many types of construction dispute. Below are some examples that occur.
Payment claims, including those under the Construction Contracts Act, such as non- or late payment issues, and claims for additional compensation due to variations, delays, or disruption, bonds and retentions.
Defect claims for defective or incomplete work, sub-standard quality, faulty workmanship, or the adequacy of remedial work.
Variations to the project scope which can include design changes from either side, and any resultant cost increases.
Contract interpretation disputes, such as disagreements over the meaning of contract clauses or whether specific work constitutes a contractual variation.
Extension of time claims, including disputes about delays, time-related costs, and liability for liquidated damages.
Termination or suspension of contracts, and under what circumstances, and damages for breach of contract.
Other, less common claims can be disputes concerning ownership of plant equipment or materials, entitlement to completion certificates, and assignment rights.
These cases can involve both residential and commercial construction projects, as well as public procurement tender challenges or tort claims like “leaky building” issues.
Additional Issues
- Right to suspend or terminate a contract and related procedural or financial consequences.
- Claims involving the assignment of rights or obligations, ownership of materials, and release of retentions.
- Damages claims for breach of contract, including failure to use reasonable care and skill by designers, engineers, or quantity surveyors.
- Disputes about entitlement to certificates of practical or final completion.
Resolution Methods
Under the Construction Contracts Act, building disputes may be resolved through one of five adjudication methods.
These are:
- negotiation which is usually directly between the lawyers for each party.
- mediation when a trained mediator helps the parties to understand the issues, and pros or cons of resolution ideas.
- arbitration where the parties agree to submit the details to a trained arbitrator who will make an adjudication.
- expert determination is when parties agree to appoint an independent person or panel with specialist knowledge or skills relating to the topic to arrive at a decision.
A fifth option is litigation in the High Court. This takes the longest and is the most expensive option.
Summing Up Auckland Construction Dispute Lawyer Work
Construction disputes are common, even in small residential renovation projects. In major construction, they are frequent.
Cashflow is tight for most building firms, whatever their size, so a swift resolution to any dispute is necessary.
For companies, property owners, builders, sub-contractors, professional services, or any other affected party, contact McVeagh Fleming. They are in the Auckland CBD and have a team of construction disputes lawyers with a wide range of experience in these matters.