Construction law affects all aspects of the construction industry (residential, commercial, industrial or land development). Disputes may relate to non-payment of contract or sub-contract amounts or failure to perform the construction in accordance with the contract documents or necessary standards or defective construction, including leaky home cases.
Legal issues concerning the different parties to a construction dispute can be complex and detailed advice may be needed. If disputes arise between parties to a construction contract there are processes by which these can be resolved.
Disputes can be resolved by adjudication, arbitration or Court proceedings. There are different procedures and considerations for each of these. An adjudication, particularly under the Construction Contracts Act, involves the process for appointment of an adjudicator, reference of the claim, a response and a determination. That may only be a temporary outcome to achieve cashflow with final rights being determined later. An arbitration is a private dispute resolution process where the parties to the construction contract agree that future disputes, or an existing dispute, will be referred to an arbitrator for final decision in accordance with principles of natural justice and the provisions of the Arbitration Act. Court proceedings are resolved under the appropriate Court Rules.
In addition to being able to act as counsel for parties, some members are qualified to act as adjudicators and arbitrators. We can give advice on the conduct of a case to achieve the best possible outcome. Some members are available for appointment independently as adjudicators and/or arbitrators.
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