Building and construction projects can be fraught with high cost and time-sensitive disputes which call for experienced advice. Disputes can be evidence-heavy and require a team with a detailed understanding of the technical issues involved such as claims for acceleration, delay and disruptions and compensation events, variations and extensions of time.

Other claims under the contract can achieve financial remedies against the bond, guarantees, and liquidated damages. After-the-facts claims for defects, fitness for purpose, breach of warranty and loss and expense may need to be considered in cases of poor or negligent building practices. If such practices are detected during construction advice may need to be sought on the risks and merits of terminating the construction contract.

Legal advice may also be required upon negotiation of a final account to ensure all claims are settled and the parties have no unexpected exposure to after-the-fact claims. Lastly, advice from a lawyer with insurance expertise may be particularly valuable when claims concern third party property damage, physical damage to the works and business interruption.

Property

With often large amounts involved in property disputes the stakes are high. This is true for both sale and purchase disputes as well as disputes affecting the use and value of properties such as encroachments, easements, encumbrances and caveats.

Leasing

Residential and commercial leases involve a myriad of statutory and contractual obligations on both parties. Those obligations can be overlooked or overtaken by practical considerations, sometimes with significant consequences to both parties. Direct financial consequences can arise in cases of property damage, rent arrears, claims against the deposit and fines for non-compliance with the Residential Tenancies Act 1986. Claims can be required in the Residential Tenancy Tribunal or the Courts in cases of express or implied breaches of lease or covenant by landlord or tenant or where eviction is sought as a remedy.

Company

Disputes within company shareholders or partnerships give rise to a raft of issues needing legal advice. Director duties and obligations are becoming more onerous at law and directors need to take care when dealing with claims. On the other hand, claimants will need to consider such action against company offices rather than just the company itself.

Competition and Fair Trading

Conduct in the operation of a business can lead to consumer claims where competition, consumer protection and fair trading laws apply. Consumers can be well placed to utilise statutory protections to ensure anti-competitive or unfair business practices are properly compensated for while business may find themselves in the position of having to defend claims brought without merit or evidence.

Insolvency

Businesses can fail and when they do there are often claims by and against creditors and debtors which need to be resolved. Often the risk of there not being enough money to go around all company creditors can mean such claims need to be considered strategically to avoid costly proceedings for limited or no recovery.

Insurance

Holders of insurance policies can sometimes require legal assistance to recover the full scope of their entitlement under the policy of insurance. Experience in dealing with insurers is important to understand their priorities and internal processes which can lead to better outcomes for policy holders.

Trusts

New Zealanders have a long running love affair with family trusts. Despite legal challenges, trusts remain powerful tools to protect and preserve family assets for future generations. Trusts can however give rise to complicated legal and factual issues should they be attacked by creditors or in the event of a relationship breakdown.

Wills and estates

Claims against wills and estates can sometimes be necessary to ensure a just and equitable outcome for beneficiaries. They must always be brought or defended with respect and consideration for the family involved. Such claims include; testamentary capacity, undue influence and testamentary promises.

Professionals do occasionally fail to provide a service to the standards required of them, resulting in their client suffering damage or loss. Claims for and against financial advisers, valuers, surveyors, accountants or solicitors often require legal advice in collaboration with expert evidence about the requisite industry standards and how the professional's conduct breached or met those standards.

Real Estate Agents

Complaints about Real Estate agents to the Real Estate Agents Authority begin with a Complaints Assessment Committees and can be referred to the Real Estate Agents Disciplinary Tribunal for cases involving alleged misconduct. At this stage the remedies and powers of the Tribunal make it critical that lawyers are engaged to represent the interests of the parties.

Financial Advisors

Authorised Financial Advisors are obligated to nominate a regulatory body to consider complaints made against them by clients. Compensation can be awarded and care should be taken by complainants and respondents to ensure complaints are brought or responded to with care and mindful of industry norms and legal obligations.

Liquor licensing

The renewal or issuance of on-licences, off-licences, or club licences can sometimes be challenged by a liquor licencing inspector, the Police or the Medial Officer of Health. If a licence is challenged, or if an objection is made against the renewal or issuance of a licence, legal advice is valuable to ensure the matter is dealt with in terms of relevant principles of the Sale and Supply of Alcohol Act 2012 and natural justice.

Injunctions

Interim injunctions are powerful tools to urgently seek justice or preserve the status quo pending the outcome of substantive proceedings. Also valuable are freezing and search orders to preserve assets or evidence that may be critical to the outcome of proceedings. Given the speed at which interim injunctions move it is important to instruct a lawyer with prior experience to ensure your position is put as persuasively as possible within the time constraints of the case.

Judicial Review

Judicial review is an effective means to review and examine the decisions of public bodies. The Court can consider whether the law has been correctly followed when making the decision. If not it can be overturned or sent back to the public body for further consideration.

Debt recovery and Judgment enforcement

Frequently enforcing judgment or a liquidated debt is not as simple as making demand but requires further steps to be taken to compel recovery. Such steps include attachment and sale orders, statutory demands, bankruptcy and liquidation. Equally unwarranted recovery action can be pursued and needs to be defended.

Experience at all levels of trial Courts (District Court and High Court) and the Court of Appeal means no matter how far a case progresses it will be handled with experience and a detailed understanding of the Court process. 

Domestic Arbitration and International Arbitration under the UNCITRAL Rules are often analogous to the Court process but important differences exist which need to be carefully navigated. 

Alternative Dispute Resolution processes can often reduce the time and expense of litigation and should always be considered. Experience in these processes means that no matter which one a client chooses they will be fully informed of the processes and what to expect. Such processes include; Construction Contract adjudication, expert determination, mediation, dispute resolution board and negotiation.

These bodies are often critical in that they make an early decision which, if right, can prevent a case from having to go on to the Courts. To get the best decision from them the individual nuances of each process must be understood and clients can expect a detailed working knowledge of bodies such as; Real Estate Agents Disciplinary Tribunal, Financial Services Complaints Limited, Liquor Licensing Authority and Coroners Court.

New Zealand has a myriad of tribunals with a broad range of jurisdictions and processes. Clients can expect to receive advice backed up by actual experience in many of these including; Weathertight Homes Tribunals, Motor Vehicle Disputes Tribunal, Tenancy Tribunal and Disputes Tribunal.