Building Dispute Resolution 

“Your Path to Fair, Prompt and Cost Effective Dispute Resolution."

Understanding the people, processes, and technology of the building industry can be just as important as legal knowledge when resolving building disputes. It saves everyone time and money.

Dispute resolution process should be proportional to the value and complexity of the dispute. 

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Read Steve’s latest insights and case examinations.

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Getting Started

Disputes are a mixture of issues of fact and issues of law – sometimes more about the facts, and sometimes more about the law.

Parties usually need professional assistance to distinguish the difference or parties may be so close to the issues they cannot see the wood for the trees.

To understand the issues of fact usually requires assistance from a person knowledgeable in building science and technology.

To understand the issues of law usually requires assistance from a dispute resolution professional or lawyer.

Most building disputes are about understanding the rights and obligations of the parties under the contract and do not involve new or complex law. Contracts are often given insufficient attention or are not understood by the parties.

Dispute resolution involves getting started by:

(a) Having an independent assessment of the matters in dispute.
(b) Choosing the best dispute resolution process for the situation.
(c) Making sure that the process is “right sized” for the issues in dispute.
(d) Agreeing the person(s) to be the dispute mediator or determiner.
(e) In the absence of agreement, having an Authorised Nominating Authority make the appointment for the parties.  

Choosing the Process 

  • For risk management and dispute avoidance, please see the Dispute Avoidance page.

  • To have an expert decide on issues of building design, quality or technology, go to the Expert Determination page.

  • To begin a Consensual / Facilitation process where the parties reach their own conclusion, see the Mediation page.

  • For a Determinative process where the answer is determined by a third party, go to Adjudication or Arbitration.

All appointments will be compliant with the AMINZ Code of Ethics.

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