Tracey Wood is a certified expert determiner who is able to work with the parties to resolve a dispute that arises under a construction contract. Agreement will be reached between the parties and Tracey regarding the way in which the determination will progress and also whether the determination will be final or if it can be challenged in the courts.
Litigation in the Magistrates Court (up to $150k), the District Court (up to $750k) or the Supreme Court (over $750k) is time consuming and expensive. It is almost always best to focus your efforts on other ways to reach a resolution of the dispute. However, sometimes it is the only option – either because you have exhausted all other dispute resolution avenues or you are on the receiving end of a court application. Either way, strict timeframes apply so it is important to seek legal advice early to understand what those timeframes are, what options you have to seek recovery or to respond, what evidence you need to obtain (which may include engaging an expert to provide additional supporting evidence), and generally what you need to do.
Litigation may be used to recover a debt, enforce compliance with a contract, stop the other party from taking steps in relation to a contract, or generally to protect or exercise your rights. Construction disputes often involve extensive documentation and many parties which is where a lot of the associated cost arises. Proportionate legislation under the Civil Liability Act 2003 often applies to construction disputes which may require all potential wrongdoers to be joined to the one proceeding. It is, therefore, critical that you seek advice as early as possible to identify others who you may be required to join and/or may want to join to achieve the best possible outcome for you and to understand what is involved in bringing proceedings. If you have been joined as a party to proceedings, it is similarly important that you seek advice as early as possible to determine your rights including whether you should apply to be removed from the proceedings (if it is appropriate to do so).
We can assist you with all aspects of litigation and we work with other law firms where it is in our client’s best interests to do so.
Last updated: 30 December 2021