Disputes between parties to construction contracts can undermine the viability and material success of property and construction projects. For this reason, differences are best attended to before they escalate into disputes and become more difficult to resolve. Prendos is recognised in the construction and legal communities as being especially experienced and credible in the areas of dispute resolution and in performing the role of the independent expert witness evidence in disputes covering property leases, construction design, construction processes, contract issues, quantity surveying and the valuation of property. We provide evidence in disputes covering property leases, construction design, construction processes, contract issues, quantity surveying and the valuation of property.

DISPUTES: what are your options?

Is a formal but private and confidential dispute resolution process governed by the rules of the Arbitration Act 1996 and Arbitration Amendment Act 2007. The process allows the parties to agree on a person to arbitrate, the process and the timing of the procedure to be used. The arbitrator then reviews evidence, listens to the party’s arguments and issues an Award. An Arbitration Award is as enforceable as a judgement in a court of law.

There is no statutory basis for mediation – it is a voluntary process where the parties choose a mediator to facilitate discussion. Whilst a neutral mediator helps parties reach an agreement, it is the parties themselves who determine mutually agreeable outcomes.

Disputes between parties to a construction contract can be adjudicated under the Construction Contracts Act 2002. The purpose of adjudication is to provide independent and speedy resolution and to maintain good faith and contractual cashflow. Generally, an award must be given within 20-working days of receipt of all the evidence, so it is a fast process.

Prendos experts can be privately contracted to help in the resolution of building related disputes. This process is informal and requires each party to agree to refer their dispute to an expert who then determines the matter.

Disputes around building matters invariably require expert evidence to provide a technical opinion on the disputed matter. It is the expert witness’s principal duty to assist the court and that obligation overrides any obligation to the instructing party.

Disputes around construction contracts can undermine the viability and material success of property and construction projects. For this reason, differences are best attended to before they escalate into disputes and become more difficult to resolve.

 

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