Construction Disputes Lawyers in Auckland – Type Of Cases They Handle
Construction dispute lawyers in Auckland handle a broad variety range of cases. These can range from payment issues, land disputes, questionable quality, and many more. When you think about all of the different trades and services involved in a building project, even a modest house renovation, it is easy to see how disputes and misunderstandings happen.
What People Or Companies Can Be Involved?
For most projects, the builder is the lead provider. They will have some of their own staff but will also have a range of sub-contractors such as carpenters, roofers, plumbing, electricians, decorators, and lots of others.
Besides the actual trades, there will also be various professional service firms like engineers, designers, architects, surveyors, geo-tech, and more.
Besides the actual building service providers, there are external issues like third parties such as Auckland Council, environmental issues, challenges under the RMA, and possibly others.
Is it any wonder that there are so many cases for construction dispute lawyers in Auckland.
What are Examples of Construction Dispute?
Construction disputes are common. In the article below, we take a quick look at some examples.
Payment
The construction industry is notorious for payment issues. The end client may be slow making payment to the lead contractor which probably means that they in turn will be slow to pay sub-contractors.
Cashflow is crucial and margins are often thin. If a payment is slow, or even non-existent, customers will want to take action quickly in case the situation gets worse.
Payment problems are managed under the Construction Contracts Act, and, besides, non- or late payment issues, there can be claims for additional compensation due to cost variations, delays, repayment of bonds and retentions, or disruption.
Defects
Defective or incomplete work can result in a dispute. Similarly, sub-standard work lower quality of materials, or faulty workmanship. Later there may be a dispute lodged for inadequate remedial work.
Variations
In many projects, there will be a change. This can be to the design, materials, or prices. These changes are known as variations. The decision to make a variation can be from any party such as the property owner deciding that they want a different design to the entrance or switching to an alternative material. These invariably lead to an increase in cost which may be disputed.
Contract interpretation
Interpretation disputes can be a disagreement about the meaning of a clause in a contract such as what is defined as specific work.
Extension of time
Building projects are renowned for delays. When there is a problem such as a delay by a supplier, this can have a knock-on effect to the overall project schedule. In these situations, and others, one or more party may ask for an extension of time. On the other side, there may be costs for the extension or even liability for liquidated damages.
Termination or suspension
These disputes can be about when a contract can be terminated. Consequently, what damages can be claimed for a breach of contract.
Ownership
Other disputes can be about the ownership of plant or materials, especially around payment issues. Others can be about when Certificates of Compliance are withheld.
Concluding Work Construction Dispute Lawyers in Auckland Handle
From small renovations to multi-storey office blocks, construction disputes are common.
Given the tight cashflow is tight for most building companies, if there is a dispute, it pays to take swift action. The problem company could be having even bigger issues.
Whatever stage you might be in a construction dispute, whether a builder, professional services firm, property owner, sub-contractor, or neighbour, McVeagh Fleming is law firm with a team of construction dispute lawyers in Auckland who can help with most aspects of the issues. They can work for defence or leading a case.