Communicate with your builder
Discuss any issues straight away with your builder and give them the opportunity to offer a solution. The best results are achieved when both parties work together.
Timely, clear and calm communication between homeowner and builder can often help speed up a resolution.
Working with your builder
Check the terms of your contract
Disputes often arise from a misunderstanding of what has been agreed in the building contract.
If you feel something is going wrong, a good place to start is to review your contract to check what you have legally agreed to.
You may want to get legal advice to help you understand what the contract covers.
Building contracts and guarantees
Disputes resolution through Fair Way
If the relationship with your builder deteriorates, you may find yourself in a contractual dispute. While this can be stressful, you have a legal contract with each other that needs to be fulfilled.
We offer a free disputes resolution service through an independent provider called Fair Way. They help resolve issues in areas such as communication, quality, payment, and design.
Contact Fair Way:
Further options to resolve issues
If issues aren't resolved through the Fair Way service, there are other options you may consider taking independently.
Mediation
Mediation may be requested by either party, but both sides need to agree to the process.
A mediator will discuss the situation with each party individually, then lead a joint meeting to explore the issues and options. The aim is to find solutions that work for everyone.
Adjudication
Adjudication is the next step up from mediation. It is quicker and less expensive than going to court.
An adjudicator will make an order so construction works can continue. Orders are only interim but are often accepted by the parties without further legal proceedings being needed.
Arbitration
Arbitration is similar to adjudication, where an independent arbitrator hears both sides before making a ruling.
The arbitrator’s decision is binding and enforceable by a legal court, although the process is less formal than court.
Court proceedings
If all other options fail, you can opt for court proceedings. This can be costly and take several months to complete.
Your case will usually be held in the District Court, with more significant cases sometimes held in the High Court.
Making a complaint
Complaints about Master Builder members are assessed against our code of conduct or workmanship bylaws.
To make a complaint, email: codecomplaints@masterbuilder.org.nz
If your builder is a licensed building practitioner (LBP), complaints can also be made through the LBP scheme.
Make a complaint about an LBP