PRACTICE

AREAS

We act on your behalf and will take full ownership of your building dispute whatever the situation. We will obtain payment for your invoices and/or ensure the construction contract is adhered to if your a home owner

Services provided for 

  • Homeowners

  • Builders

  • Plumbers

  • Painters

  • Electricians

  • Scaffolding or cranes

  • landscaping

  • Earthworks, site clearance, excavation, tunnelling, and boring

  • Design or engineering work

Construction Contracts Act 2002

We utilise the Construction Contracts Act 2002 to ensure you resolve building and construction disputes, quickly and cost effectively. 

Dispute negotiation

We can act on your behalf in all negotiations relieving you of stress and conflict.

 Business Owners

Tired of not being paid on time and for the full amount? We provide a cost effective way of ensuring your invoices are paid.

 Home Owners

Having issues with your builder not completing works as agreed, being over charged? Contract disputes? Contact us to resolve these on your behalf.

Building Contract Review

We can review  the building contract on your behalf and suggest additions that will protect both parties. This will ensure disputes over payments and work completion satisfies both parties.

   Our Staff

Hamish Corlett
Principle

Tel: 022 624 5357

Hamish Corlett studied and practiced law in Canterbury for a number of years before moving for work in a Melbourne law firm. He missed the quality of life available in New Zealand, especially the beaches and the bush.

Hamish offers sound advice, effective strategies and the best possible outcomes in all areas of building construction dispute resolutions. His philosophy is based on providing personalised, friendly and prompt delivery of high quality professional services at very reasonable fees.

No matter how competent or responsible a builder and client are, a few disputes cannot be avoided over the life of a building project.

Resolving contractual disputes through methods such as litigation and arbitration can be time consuming and costly, and in some instances, the cost of resolving disputes has exceeded the total value of the original contract. Consequently, alternative forms of dispute resolution that are less time consuming and less costly are gaining increasing prominence in today’s building and construction industry.

Alternative forms of dispute resolution, such as mediation, have the aim of reducing time and cost, blunting the adversarial attitude and encouraging more openness and better communication between the parties in dispute. 

With the correct professional advice, it is even possible that the parties can continue working together after the dispute has been resolved.

In order to reduce the probability of expensive and time consuming procedures, professional advice should be sought at the earliest sign of any potential conflict between the contracted parties. Bay Of Plenty Building Disputes  are experts in dispute resolution and offer a range of services from facilitating negotiation through to preparing applications on your behalf with the BUILDING DISPUTES TRIBUNAL (Authorised  Nominating Authority  ascribed to it in the Construction Contracts Act and includes the Building Disputes Tribunal.)

OUR VISION

Specialising in resolving building disputes

 
 
 

Relationship Protection

We understand that your customers are important to you and may be a future source of business, so how we treat them is important. 

Your customers become our customers and we will strive to protect your brand by being positive and respectful, yet firm and fair in our approach to resolving your debts. 

 

What type of building work is covered?

Meaning of construction work

(1)

In this Act, unless the context otherwise requires, construction work means any of the following work:

(a)

the construction, erection, installation, carrying out, alteration, repair, restoration, renewal, maintenance, extension, demolition, removal, or dismantling of any building, erection, edifice, or structure forming, or to form, part of land (whether permanent or not and whether constructed wholly or partly on, above, or below ground level):

(b)

the construction, erection, installation, carrying out, alteration, repair, restoration, renewal, maintenance, extension, demolition, removal, or dismantling of any works forming, or to form, part of land; including—

(i)

any road, motorway, aircraft runway, wharf, docks, harbour works, railway, cableway, or tramway:

(ii)

any canal, inland waterway, pipeline, reservoir, aqueduct, water main, well, or sewer:

(iii)

any electricity, water, gas, or telephone reticulation:

(iv)

any telecommunication apparatus or industrial plant:

(v)

any installation for the purposes of land drainage or coast protection:

(c)

the installation in any building or structure of fittings forming, or to form, part of land; including heating, lighting, air conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, security, and communications systems:

(d)

the alteration, repair, maintenance, extension, demolition, or dismantling of the systems mentioned in paragraph (c):

(e)

the external or internal cleaning of buildings and structures, so far as it is carried out in the course of their construction, erection, alteration, repair, restoration, or extension:

(f)

any operation that forms an integral part of, or is preparatory to or is for rendering complete, work of the kind referred to in paragraphs (a) to (d); including—

(i)

site clearance, earthmoving, excavation, tunnelling, and boring; and

(ii)

laying foundations; and

(iii)

erecting, maintaining, or dismantling scaffolding or cranes; and

(iv)

prefabricating customised components of any building or structure, whether carried out on the construction site or elsewhere; and

(v)

site restoration, landscaping, and the provision of roadways and other access works:

(g)

the painting or decorating of the internal or external surfaces of any building or structure.

(1A)

Construction work includes—

(a)

design or engineering work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (d) and (f):

(b)

quantity surveying work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (g).

(2)

Despite subsection (1), construction work does not include any of the following work:

(a)

drilling for or extracting oil or natural gas:

(b)

extracting (whether by underground or surface working) minerals, including tunnelling or boring, or constructing underground works, for that purpose.

As per the Construction Contracts Act 2002 (section 6 repeated below) almost all types of work is covered
OUR Contact details

Head Office

Mt Maunganui, Tauranga -  Bay Of Plenty

Email: bopconstructiondisputes@gmail.com
Tel:  022 624 5357

For any general inquiries, please fill in the following contact form:

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Rotorua Office -is also available on request

No matter how competent or responsible a builder and their client are, sometimes disputes cannot be avoided over the life of a building project.

Resolving contractual disputes through methods such as litigation and arbitration can be time consuming and costly and in some instances the cost of resolving disputes can exceed the total value of the original contract. Consequently, alternative forms of dispute resolution that are less time consuming and less costly are gaining increasing prominence in today’s building and construction industry.

Alternative forms of dispute resolution such as mediation have the aim of reducing time and cost, blunting the adversarial attitude and encouraging more openness and better communication between the parties in dispute. 

With the correct professional advice, it is even possible that the parties can continue working together after the dispute has been resolved.

In order to reduce the probability of expensive and time consuming procedures, professional advice should be sought at the earliest sign of any potential conflict between the contracted parties. Bay Of Plenty Building Disputes are experts in dispute resolution and offer a range of services from facilitating negotiation through to preparing applications on your behalf with the BUILDING DISPUTES TRIBUNAL (Authorised  Nominating Authority ascribed to it in the Construction Contracts Act and includes the Building Disputes Tribunal.)

If required we will process your claim through to adjudication.

Adjudication is a unique fast track statutory dispute resolution process for resolving building and construction disputes under the Construction Contracts Act 2002 (the Act).  Adjudication is the most commonly used dispute resolution process for resolving building and construction disputes in New Zealand.

Adjudication is quick and cost effective. Most disputes are resolved in less than six weeks from the time the process is initiated.  Adjudication can be used regardless of whether the construction contract is written or oral.

   OUR VISION

What type of building work is covered?

Meaning of construction work

(1)

In this Act, unless the context otherwise requires, construction work means any of the following work:

(a)

the construction, erection, installation, carrying out, alteration, repair, restoration, renewal, maintenance, extension, demolition, removal, or dismantling of any building, erection, edifice, or structure forming, or to form, part of land (whether permanent or not and whether constructed wholly or partly on, above, or below ground level):

(b)

the construction, erection, installation, carrying out, alteration, repair, restoration, renewal, maintenance, extension, demolition, removal, or dismantling of any works forming, or to form, part of land; including—

(i)

any road, motorway, aircraft runway, wharf, docks, harbour works, railway, cableway, or tramway:

(ii)

any canal, inland waterway, pipeline, reservoir, aqueduct, water main, well, or sewer:

(iii)

any electricity, water, gas, or telephone reticulation:

(iv)

any telecommunication apparatus or industrial plant:

(v)

any installation for the purposes of land drainage or coast protection:

(c)

the installation in any building or structure of fittings forming, or to form, part of land; including heating, lighting, air conditioning, ventilation, power supply, drainage, sanitation, water supply or fire protection, security, and communications systems:

(d)

the alteration, repair, maintenance, extension, demolition, or dismantling of the systems mentioned in paragraph (c):

(e)

the external or internal cleaning of buildings and structures, so far as it is carried out in the course of their construction, erection, alteration, repair, restoration, or extension:

(f)

any operation that forms an integral part of, or is preparatory to or is for rendering complete, work of the kind referred to in paragraphs (a) to (d); including—

(i)

site clearance, earthmoving, excavation, tunnelling, and boring; and

(ii)

laying foundations; and

(iii)

erecting, maintaining, or dismantling scaffolding or cranes; and

(iv)

prefabricating customised components of any building or structure, whether carried out on the construction site or elsewhere; and

(v)

site restoration, landscaping, and the provision of roadways and other access works:

(g)

the painting or decorating of the internal or external surfaces of any building or structure.

(1A)

Construction work includes—

(a)

design or engineering work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (d) and (f):

(b)

quantity surveying work carried out in New Zealand in respect of work of the kind referred to in subsection (1)(a) to (g).

(2)

Despite subsection (1), construction work does not include any of the following work:

(a)

drilling for or extracting oil or natural gas:

(b)

extracting (whether by underground or surface working) minerals, including tunnelling or boring, or constructing underground works, for that purpose.

As per the Construction Contracts Act 2002 (section 6 repeated below) almost all types of work is covered
 Almost every trade is covered under the Act

COSTS & RECOVERY

 We will provide you with an accurate estimate up front. 

The cost of services provided will be dependant on your particular disputes circumstances. If the amount of claim is low in value you will not want to spend as much as a high value claim. We will provide you with a cost estimate. We will attempt to stay under this estimate to the best of our abilities and will communicate any changes to this estimate at the earliest opportunity.   

Note The cost of services can be greatly reduced by you providing a clear picture of what the issue is and evidence in a chronological order. 

Costs for using The Building Disputes Tribunal  (Authorised Nominating Authority for the purpose of nominating adjudicators under the Construction Contracts Act). * if the Disputes Tribunal is required
Note it is important to understand that many disputes are settled without any Tribunal intervention, simply by service of a notice of adjudication. Service of a notice of adjudication sends a very strong signal to the respondent that the claimant is serious about recovery of money payable under the contract, or damages for breach of contract, or the determination of the parties’ rights and obligations, and unless the matter is resolved immediately, 
Adjudicator fees and expenses

The presumption under the Act is that the parties will contribute to the fees and expenses of the adjudicator in equal proportions.

However, an adjudicator may determine that the parties are liable to contribute to his or her fees and expenses in unequal proportions if, in the adjudicator’s view, the claimant’s claim or the respondent’s response was without substantial merit, or a party to the adjudication acted in a contemptuous or improper manner during the adjudication.

Our costs are $125 per hour (excluding postage and printing costs)  we will do all the work to fast track your dispute, prepare the claim, negotiations, communications and our fees can be negotiable depending on the dispute circumstances 

Our Costs
Building Disputes Tribunal fees for Claims under 50,000
Curtesy of the Building Disputes Tribunal

Low Value Claims - Fixed Fee

Claims involving amounts in dispute less than $50,000.00 including GST

"We understand that the cost of having building or construction disputes resolved, or uncertainty about those costs, prevents many people from recovering money that they are properly entitled to be paid under building and construction contracts and reluctant payers often use that situation to their advantage. This is particularly so where the amount in dispute is relatively small by industry standards - claims for less than $50,000.00 including GST – and those payers assume that the payee will take no steps to recover the unpaid amount because the cost and bother of doing so outweighs the benefit.

To redress that situation, the Building Disputes Tribunal provides a fully administered fixed fee adjudication service for Low Value Adjudication Claims (LVC’s) of limited complexity. 

Alternatively, parties are welcome to refer claims for less than $50,000.00 to adjudication under our General Claim Service in which case the adjudicator’s fees and expenses will be calculated according to the time engaged on the duties of the adjudication by the adjudicator together with any expenses incurred by the adjudicator in the execution of those duties.
 

Security for adjudicator’s fees and expenses

A notice of acceptance of appointment as adjudicator will not be served on the parties to the adjudication by the Tribunal until the parties have paid (in clear funds) into the trust account of the Tribunal the required security for the adjudicator’s fees and expenses.

The adjudication fees (inclusive of GST), being the required security amounts for LVC’s are as follows:
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

*The number of items at issue that may be dealt with under the fixed price LVC service is strictly limited to three, ie a total number of issues in the claim of three variations, or three items of allegedly defective work, or extension of time for one event and two variations etc. "

© 2017 BOP Building Disputes