Construction disputes

Obtaining A Lawyer In Regard To Construction Disputes

Sometimes in a construction project, there may be disagreement on certain issues as the work progresses. There should be a contract in place before the project begins but even so there can still be disputes. The contract itself will usually lay out the course of action to be taken in the case of such disputes and the contract will usually point out any remedies that should be taken if such disagreements arise. If they do arise you will need to follow a prescribed dispute resolution process.

There are often delays that occur with construction projects, some of which are out of the control of both parties. One question that comes up is whether the owner can recover any losses from the contractor for a delay.

Construction disputes – image Stuart Miles

Very often there are provisions in the contract that offers a time extension if there is a delay, but the question often arises as to whether the delay was excusable or not, and what any extension of time should entail.

A lawyer can help to explore if delays, materials shortages, mishandling of resources, and a host of other problems are going to materially affect the outcome of the project. The terms of the contract may not always be as clear as they seemed to be at the outset of the contract when the construction project was just getting under way.

The lawyer can help to look into the fine details and apply any pertinent law to the matter to act in the best interest of his client.  In New Zealand, building disputes are subject to a specific law, the Construction Contracts Act.

It will, in most cases, take a lawyer, to properly determine if, in fact, there has been a breach of the contract, and if it is possible to prove that fact in court. A lawyer can also help to determine what, if any, procedural rules have or have not been broken, and he or she will know what  paperwork will need to be collected in the matter.

Construction law covers a lot of territory regarding contracts, building law, commercial and planning law. It involves contract negligence, bonds and bonding guarantees, and all that is related to that field. Many people are affected in the process of construction including financial institutions, architects, engineers, builders, surveyors, planners and construction workers.

In light of the ramifications of a breach of a construction contract, the financial repercussions can be widespread, so a certain methodical approach has to be taken in the exploration of possible breaches of the contract.

The lawyer has to work within The Act and at the same time advise their client their best approach under those regulations. Often they take the approach of an outsider, looking in, in order to reconstruct what the construction contract says against the actual occurrence of what has happened. If there are material delays, and if any one event, or a series of events, could have prevented those delays, then whoever was responsible for that one event, or a part of, or all of the series of events, then it could be held that the responsible parties to those events could be held responsible for the delay. Documenting that fact can sometimes take a great deal of time and energy.

Building projects of any size can become the subject of a dispute. Unless steps are taken quickly then the dispute can easily escalate and the dispute process will become ugly and expensive.  To avoid this happening to you, consult a contract lawyer before you agree to any building project. They will ensure the contract provides you with the suitable safeguards.

Dispute resolution lawyer

However, if you have already undertaken a building project and are now in dispute with the building company, see a dispute resolution lawyer as soon as possible. Even though the dispute will come under the CC Act, you still need legal advice on how to progress and also to make sure you do not breach the terms of that Act.

Here is a top dispute resolution law firm in Albany. You can get some information from the website but aim to make an appointment to talk over your issue.