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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23076
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a dispute with a building contractor over his failure

Customer Question

I have a dispute with a building contractor over his failure to issue his Register of Works [ROW] so that I could obtain my CCC from the local Council. All Licensed Building Practitioners [LBP's] are required to issue their ROW within a reasonable time, and are not allowed under the Act to refrain from issuing to the client and / or council, irrespective whether is a monetary dispute involved. I took the complaint to the Building Authority, who have ruled our LBP is in breach, and are fining him $1000 plus $500 costs. I had another LBP involved on the job, who subsequently signed off the ROW requirement, but this led to an 8 week delay and therefore a $13,000 interest bill from my funder. 1) What is the ceiling amount for Small Claims Court?
JA: Because laws vary from place to place, what state is this in? And can you tell me what's been officially filed?
Customer: 2) Having the breach ruling made and enforceable, what is the likelihood of my succeeding in the Small Claims Court? 3) If I win and he doesn't pay up, how do I enforce that matter?
JA: Has anything been filed or reported?
Customer: The ruling came out on Friday the 8th
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 month ago.

The limit for the Disputes Tribunal is $15,000 or $20,000 by consent of the other party. If you win or je just doesnt turn up you have a number of options for payment enforcement. You should apply to have him examined as to his ability to pay in the District Court, and after this you can get orders deducting payment from his wages, or apply to seize property through the court bailiff. You could also convert the Tribunal judgment to a District Court judgment and then apply for bankruptcy. The big question is always whether he has the means to pay although bankrupting would stop him trading for 3 years and empyt his pockets. But if he has nothing it may be pointless.

From your description of events you appear to have a strong case although I havent seen his side of the story to make a definate opinion