Everyone has the right to live in a safe, structurally-sound home. Builders have a duty to care to their clients to ensure they are providing a safe, properly constructed building, that’s free from defects. Unfortunately, this doesn’t always happen.
Shine Lawyers NZ and their team of legal experts in construction law can help you if you’ve discovered building defects in your home, or if you believe your builder has breached any of the below warranties.
Can I make a construction dispute?
A builder’s duty is shaped by “implied warranties” which are outlined in the Building Act. This means a builder must apply a warranty to their work that lasts a minimum of 10 years after construction.
Your builder must ensure their work:
- Is completed properly, competently, and according to the plans and specifications in your approved consent
- Utilises suitable materials and, unless otherwise stated in the contract, the materials should be new
- Is consistent with the Building Act and the Building Code
- Is carried out with reasonable care and skill and completed within the time specified or a reasonable time if no time is stated
- Is a suitable home for occupation at the end of the work
There are many forums available to resolve construction disputes and these options vary in terms of cost and time. Our construction law experts can help guide you on the best avenues to resolve your dispute.
If you have identified defects in your house or if you think the builder has breached any of the above, please contact Shine Lawyers NZ today for a free initial consultation.
We are here to help you right wrong.
What can I claim for?
All building work over $30,000 requires a building contract. That contract must be of a prescribed form and should clearly set out your rights, obligations and information as to what to do in a dispute. It’s important to familiarise yourself with the powers you possess in your building contract. These include:
- plus financial claims for the reduction in value of the property by virtue of the defect.
Shine Lawyers NZ can help advise you on the best course of action in the event of a construction defect dispute.
What is the legal process for Construction Law claims?
Shine Lawyers work closely with our clients to explain the legal process and help you to clearly understand your rights. While no two claims are the same, a general outline of the legal process is provided below.
Initial legal consultation
Build your case and run your case
Why choose Shine Lawyers?
Free 30 minute consultation
Claim assessment where we explain all of the options available
Can’t make it to the office? We can meet with you virtually
No Win No Fee* for suitable cases
We are here to help you right wrong.
Is there a construction defect lawyer near me?
We have two locations across New Zealand; one in Auckland and one in Christchurch.
Are there any construction defect compensation time limits?
Once you have taken possession of the house you have a 12-month period to identify defects and your builder is obliged to fix those defects.
If there is a construction defect, your builder must remedy the defect in a reasonable time. If your builder is not assisting you to fix it, we can advise on the best method to resolve the dispute.
Throughout the building process, it’s best to ensure you are monitoring the build as closely as you can. It is far easier to rectify defects while the builder is still on-site and before you have taken possession.
I bought a house, and it has defective construction – what are my rights?
Subsequent owners of dwellings can bring proceedings for a breach of any of the implied warranties even if they were not party to the contract in which the warranties were implied.
What is a Builders’ Guarantee/Warranty?
Many Builders are providing Warranties and/or Guarantees that are not backed by a third party and do not extend further than the implied warranties under the Building Act.
It’s important to get advice on the adequacy of cover provided by any Warranty or Guarantee product associated with your building protection.
Who is Shine Lawyers New Zealand's Construction Law team?
Shine Lawyers’ Construction Law team includes some of the firm’s most experienced solicitors and support staff. The team includes: