CONSTRUCTION AND PROPERTY DISPUTES
Talbot Law specialises in construction and property disputes. We represent builders, earthworks and infrastructure contractors, plasterers, roofers, plumbers, membrane applicators, designers, and engineers as well as homeowners and building owners throughout New Zealand.
Our extensive experience in relation to construction and property disputes includes:
- Leaky home and leaky building claims.
- Construction Contracts Act claims and adjudications, enforcing payment claims, providing advice on effective documentation and processes.
- Defective workmanship/defective building product claims.
- Earthworks disputes and advice.
- Building subsidence claims.
- Contract disputes under standard form and bespoke contracts; disputed variations; advising in relation to charging and quantity disputes.
- Reviewing property and construction contracts prior to entry.
- Unit Title disputes – acting for body corporates and owners; accepting appointment as administrator of body corporates.
We regularly represent clients in the District and High Courts on construction and property-related disputes, as well as helping to settle matters prior to trial if that is what the parties agree. We act in arbitrations and also accept appointments as an adjudicator or arbitrator on construction disputes.
We also apply our expertise in construction and property matters to reviewing and advising on contracts for clients and, where appropriate, assisting clients to negotiate terms in construction contracts.
CRIMINAL AND REGULATORY DEFENCE
We understand that people make mistakes from time to time and that these mistakes may lead them to facing charges in court. The criminal justice system can be bewildering unless you have expert guidance and advice from the outset. We have significant experience ranging from bail and name suppression applications, jury and judge alone trials, sentencing including applications for discharge without conviction and/ or appeals against conviction and sentencing. We represent clients privately and on criminal legal aid.
We have represented clients in the criminal justice system for over 20 years charged with a wide range of criminal offences including:
- Property offences including burglary, theft, and receiving stolen property.
- Crimes against the person including sexual and violence offences.
- Domestic violence and breach of protection orders.
- Traffic related offences including drink driving and dangerous driving causing injury or death.
We also represent clients charged with regulatory offences including:
- Resource Management Act (RMA) offences (e.g., effluent discharge or resource consent breaches).
- Building Act prosecutions and Licensed Building Practitioner (LBP) complaints and prosecutions.
- Health and Safety at Work Act prosecutions.
- Animal Welfare Act and dog control prosecutions.
- Fisheries and marine prosecutions.
LITIGATION AND DISPUTE RESOLUTION
Talbot Law offers advice, support and representation in disputes before numerous courts and tribunals as well as acting for clients in mediations, arbitrations and expert determinations. We ensure the appropriate experience and expertise is applied to resolving clients’ legal issues to best protect them, their reputation and, if appropriate, their business. We can advise clients about their position, and the strength of any claim they may wish to make or defend.
We have extensive experience in various fields of litigation and dispute resolution, including in relation to:
- Construction matters.
- Professional negligence and fiduciary claims – including claims for, or against, lawyers, engineers, accountants, architects, trustees and executors.
- Family protection and estate claims.
- Debt collection and enforcement.
- Caveat applications.
- Breach of contract disputes – including disputes over:
- – Leases.
- – Agreements for the sale and purchase of property.
- – Agreements for the sale and purchase of businesses.
We can assist in relation to the more technical aspects of litigation, including:
- Bringing or defending summary judgment applications.
- Bringing or defending interlocutory applications including applications for security for costs and strike out applications.
- Applying for leave to appeal arbitration awards.