Richard Maiden, Director, Chartered Surveyor and Chartered Arbitrator, briefly talks about recovering costs from disputes.
- There are various ways of recovering money under any dispute in New Zealand.
- If the disputes are less than $15,000 the better process would be to go to a disputes tribunal, lodge a claim and be heard at the tribunal, legal representation is not permitted at the disputes tribunal.
- Legal support and adjudication costs are also not claimable except under special circumstances i.e. acting in bad faith or claims made without merit.
- As the next step up from a disputes tribunal for settling construction contract disputes, adjudication is recommended.
- You can also lodge a claim at district court or if the claim exceeds $200,000, at the high court. In those cases, timing of resolution takes much longer and there is a reliance on legal expertise to present the case.
- Lastly, mediation is often the best way to go. Prendos does not offer mediation; however we do offer expert evidence and expert advice to clients who are engaged in any litigation process.