Dispute resolution, Paraparaumu Waikanae Otaki

Dispute Resolution

What is dispute resolution?

It is possibly easier to start by saying what it is not. Dispute resolution is not the process of litigation, involving bringing proceedings in a Court or Tribunal based environment. Once a dispute reaches that level, it has gone beyond dispute resolution in its legal sense. Nor is it about failure to pay an undisputed amount under a contract, which is merely debt collection.

Dispute resolution is...

The discussion of the facts surrounding a “dispute” to identify the different views held by parties to the dispute, in order to conclude that a dispute exists.
Attempting to negotiate (whether between Lawyers or by getting the parties around a table) the areas of dispute with a view to identifying them and then resolving them.
Providing a third party (may be a Solicitor or mediator or an industry knowledgeable person) to listen to each party’s view of the dispute and to try to facilitate agreement or put forward a finding on an appropriate resolution.

Our Role

As your Lawyer we can help with each of the above steps and if a resolution cannot be found or cannot be agreed, we can give advice on the options then available.

Common Types of Disputes

Disputes arise in many fields and often concern:

The perceived or actual lack of quality in services or products provided.
A difference over interpretation of the content of a legal contract.
Differences of opinion between affected parties as to how a particular issue should be dealt with.

In our experience at Brian Ranford & Susie Mills, Kapiti Law, building industry disputes arise regularly. While those concerning leaky homes have been highly publicised, there are many others which frustrate people.

Some examples are disagreement over hours charged by builders in labour only contracts; disputes between builders and subcontractors as to liability for aspects of building projects; disputes between owners and builders with regard to contract performance, especially relating to the timeliness of that performance; and disputes with regard to the costing of variations to the initial contract.

A contractual arrangement with a builder, like any other contractual arrangement with a supplier of goods and services, should be fully recorded in writing and specific items should be covered in that building contract. If you are entering into a contract with a
builder or if you are a builder entering into contracts with clients or with subcontractors we can provide assistance with the documentation of those arrangements.

Providing a quotation with a building price is only one small aspect of a building contract and will not in itself, prevent building disputes arising nor provide the necessary contractual basis to sort them out. Another common area of dispute is disputes between neighbours. Over the fence are your neighbours and disputes can arise over boundaries and encroachments; fences; nuisance; use of land or buildings; trees and structures; easements and rights of ways and access to land.

Disputes over boundaries often occur because boundary pegs which identify the fixing of boundaries by survey cannot be located or have been moved. With fences, specific legislation covers the law relating to fences and provides for fencing agreements and fencing covenants that further codify that law. The general rules are that fences should be on the actual boundary line and the cost of building or repairing them is borne equally between the adjoining owners.

Some district and regional plans regulate matters such as the height and colour of fences and how close they may be built to rivers, streams and lakes. Further specifics on all of this information or where to obtain it can be provided by us, here at Brian Ranford & Susie Mills, Kapiti Law.

Interference with a neighbour’s right to enjoy their land can amount to legal nuisance and generally a legal remedy will be available when nuisances are unreasonable or substantial. Examples may be restrictions on keeping certain animals on your property, dealing with persistent noise and other nuisances such as vibration or smell.

We can advise you in this complex field and often there is an ability to refer certain types of nuisance to the local Council for them to act on. There are a great many laws associated with the use of land and buildings which cover:

Resource management restrictions;
Building code requirements;
Excavation or earthworks, especially where they may remove a neighbours entitlement to natural support;
Water and drainage;
Swimming pools;
Trees that pose actual or potential danger;
Landlocked land and use of easements and rights of way.

Each of these areas can be complex and you should seek legal advice in the first instance. Land is often subject to covenants and breach of covenants is another potential dispute area. A common example is a height restriction covenant put in place to
protect a view or access to sunlight.

Resolution of these matters before they reach the litigation process can often be achieved by negotiation between lawyers or between parties with lawyers advice. See us first to discuss the situation, before it escalates into that litigation realm. Brian Ranford & Susie Mills, Kapiti Law offers not only experience in resolving disputes, but also advice on appropriate contractual documentation to reduce the likelihood of disputes occurring.