FIXED FEES AND INVOICING BY THE HOUR

If requested, we will do certain steps of a construction defect claim for a fixed fee:

1. Draft and file proceedings for $8,000 plus GST including:

   1. Meetings with you.

   2. Drafting and filing:

      1. The statement of claim.

      2. The initial list of documents.

      3. The notice of proceeding.

   3. You will need to pay the filing fee of $200 (District Court) or $1,350 (High Court).

2. We can provide fixed fees for other steps involved in the process; or

3. Other steps are at our hourly rates.

We may seek a retainer up front for our work and as we go along.

Negligence claims for leaking, subsidence and other construction defects

Negligence claims against construction parties typically arise when a person has suffered subsidence, leaks and other damage or loss as a result of defects due to the negligence of a construction party such as a council, architect, builder, or subcontractor. Negligence occurs when a construction party fails to meet an acceptable standard of care and skill in carrying out their duties.

To bring a negligence claim, the injured party must establish that the construction party owed them a duty of care, that the duty of care was breached, and that the breach caused the damage suffered.

If a negligence claim is successful, the injured party may be entitled to compensation for their losses, such as alternative accommodation, lost income from rent, and remedial work to the property.

steps in bringing a construction claim

Steps in bringing a construction claim:

1. Seek legal advice: The first step is to seek legal advice from a qualified lawyer who has experience in construction law. They can help you determine whether you have a valid claim and what your legal options are.

2. Gather evidence: It is important to gather evidence to support your claim, including any contracts, plans, specifications, photographs, and expert reports. This evidence can be used to establish the scope of work, the standard of care expected, the extent of any damage or loss suffered and the remedial work required. Here expert advice may be needed such as from a building surveyor or quantity surveyor.

3. Notify the construction party: Before commencing legal action, you may notify the construction party of your claim and give them an opportunity to respond.

4. Negotiate settlement: After notifying the construction party, negotiations may take place with a view to resolving the dispute without the need for legal action.

5. Commence legal action: If the construction party does not respond or disputes the claim, you may need to commence legal action in court. This can involve filing a statement of claim outlining the details of your claim and the relief sought.

6. Interlocutory applications: During the legal action, there may be a need for interlocutory applications, such as an application for security for costs, an application for summary judgment, or an application for further particulars.

7. Discovery of documents: The parties may be required to provide and disclose documents relevant to the claim.

8. Attend mediation: Before the matter proceeds to a full hearing, the parties may agree to attend mediation to attempt to resolve the dispute.

9. Attend court hearing: If the matter is not resolved through mediation, the court will set a date for a hearing where evidence will be presented and arguments made.

10. Await the court decision: After the hearing, the court will make a decision and issue a judgment. If the court finds in your favour, you may be entitled to compensation for any losses suffered.

Overall, bringing a construction claim in court due to negligent building work can be a complex process, and it is important to seek legal advice from a qualified lawyer with experience in construction law. The lawyer can guide you through the process and help you achieve a fair and reasonable outcome.