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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14867
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My house build was supposed to have been completed in

Customer Question

my house build was supposed to have been completed in August, however the builder made a lot of errors with the cladding of the house and it requires recladding which is taking place now. My house is now a full on construction site again and I don't believe I should make the final payment to the building company - do I have a case?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: otago
JA: Has anything been filed or reported?
Customer: I have kept email records but haven't taken any action yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at this stage thanks
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

Generally you should first discuss this with the builder and see what discount they will offer for the disruption and mistakes. Then if you cannot negotiate something, there are important steps to take for the final payment. The builder will give you a construction claim, and you must within 20 days respond with a schedule stating why you refuse to pay and cross claiming for the disruption. Then the next step would be for the builder to start a construction claim under the Construction Contracts Act where you can argue the matter. It can be a complicated process so getting a lawyer who understands this would be useful.