Building and construction

Pre-dispute tools

Under the Building Amendment Act 2013 and the Building Act 2004 (Part 4a), building contractors have new obligations relating to protecting consumers‘ interests. The aim of the legislation is to provide greater protection for consumers and is largely about clarifying expectations and improving communication between consumers and contractors so conflict doesn’t turn into disputes. Contractors are obliged to:

  • always provide a written contract for residential building work costing $30,000 (including GST) or more, but it is recommended that contracts are also used for smaller jobs.
  • give clients a disclosure statement that sets out information about the building contractor, the contact person, insurance policies, and information about guarantees or warranties.
  • if a homeowner requests it, or if the value of the work is more than $30,000 (including GST), provide a standard checklist before the contract is signed. The checklist describes steps that both parties should take before signing an agreement. 

If in dispute about a building or construction project, FairWay can help. Click here for more information or call 0800 77 44 02.

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Mediation of disputes

Many disputes relating to building work arise from misunderstandings between the homeowner and contractors. If you have tried discussing the problems with each other but cannot agree on the way forward, mediation can be a good choice if both parties agree to participate. We can help you reach agreement.    

FairWay has a panel of independent mediators who understand building projects and the Building Amendment Act 2013 and the Building Act 2004 (Part 4A). Click here for more information or call 0800 77 44 02.

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Adjudication of Construction Contracts disputes

Under the Construction Contracts Act 2002, you can refer a dispute to be determined by an adjudicator. FairWay is an Authorised Nominating Authority (appointed by the Minister of Building and Housing) to appoint appropriately qualified, trained and impartial adjudicators to determine construction disputes.

FairWay offers an end-to-end adjudication service that includes not only appointing a suitably qualified adjudicator to determine your dispute, but we also manage the process to ensure that deadlines are met, communication is clear, and all aspects of the service meet strict quality standards.

Adjudicators on our panel are hand-picked and meet strict criteria. All our adjudicators hold:

  • relevant construction-related technical tertiary qualifications and more than five years’ experience or legal qualifications or both; or
  • Fellowship (Arbitration) of the Arbitrators’ and Mediators’ Institute of New Zealand; or
  • current membership of a professional organisation such as AMINZ, LEADR, or NZ Law Society which has a code of conduct and continuing professional development regime.

Complete the Application to Appoint an Adjudicator and email to build-disputes@fairwayresolution.com or call 0800 77 44 02.

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