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| Wellington Lawyers: Resolving Construction Contract Disputes: Your Comprehensive GuideBy: Corelegal
The first step is to understand your obligations as outlined in the contract's Terms of Trade. Some contracts specify dispute resolution processes, such as arbitration, which may limit your options. Review your contract to ensure compliance with these requirements.
If you're unsure about the existence of a dispute or how to proceed, legal assistance can be invaluable. A lawyer can send demand letters on your behalf, pushing for immediate payment and gauging the client's response, helping you determine the next steps.
The first dispute resolution option is direct discussion and negotiation. Initiate a conversation with the other party, clearly stating the issue and exploring potential compromises. Often, disputes can be resolved amicably through open communication and willingness to find common ground.
Mediation involves an independent mediator who facilitates discussions between parties. While the mediator lacks decision-making power, they aim to uncover the parties' true desires and find mutually acceptable solutions, making this a collaborative and potentially cost-effective dispute resolution option.
Under the Construction Contracts Act, an adjudication process provides a more efficient alternative to formal court proceedings. It starts with a notice of intent to refer the dispute for adjudication to the other party. An impartial adjudicator, with industry expertise, is appointed to determine the dispute's resolution. If dissatisfied, parties have the right to appeal the adjudicator's decision in the District Court. https://www.corelegal.co.nz End
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