Information for Builders

If I am a Builder, or in the Building Trade and I want to deal with a member of the Public, what should I do?
The first question you should ask yourself is whether or not you wish to deal with the proposed customer. i.e.
  • are they credit worthy?
  • Have you obtained a credit check?
  • Have you provided yourself with the appropriate terms and conditions of trade to ensure prompt delivery of service and prompt payment in accordance with the terms of trade?
  • Have you thought about the security of your building works if payment is not made on time?
All of these things should be covered in a set of terms and conditions of trade.

For assistance contact us.


Public Info

What are the things I should be thinking of if I am about to engage a Builder or Building Trade?

The safest course is to ensure that any dealings in this commercial context are where possible recorded in writing clearly set out and understood. A common problem with building documentation is the failure to specify a date by which works are to be completed or any consequences for failing to complete works by a due date such as compensation for delay, interest or expenses such as accommodation where the building is not completed on time.

In this situation the obtaining of appropriate documentation prior to the commencement of building works is important as it has a major affect in avoiding litigation costs, stress and worry further down the track.

Further it would be worthy of obtaining a credit report on a potential builder or trade person that you are dealing with to ensure as far as possible the credit worthiness, character and good reputation of them prior to entering a commercial relationship. This is important because it may be that paying a little bit more will save you a heck of a lot more in time money and stress in the long run. We are able to assist with the provision of a credit report should you wish to obtain one, through Baynet Advantage.

Builder Issues


Where a builder, trade person or client goes bankrupt there are often questions relating to the administration of an insolvent estate and the rights to property including building works and moneys prior to the finalisation of that. We can assist you with that. Further, builders often use companies which have a special statutory demand procedure where a company refused to pay its debts.

Family Disputes

Often where there is a building work in progress either the owners end up having marital or property relationship dispute which involves building works partially completed. This may also apply to a builder or trades person and particular issues relating to that and/or insolvency may arise. KH Law Centre Solicitors can advise you with regard to that.

The Construction Bill

These are new provisions relating to security charges on property which will assist builders and trades persons to get paid. They will also have an affect on owners and developers financing requirements and their ability to offer security and like matters. KH Law Centre Solicitors can advise with regard to those aspects.

Building Code

New Zealand is also governed by the provisions of the building code which specifies the detailed performance standards for construction works in New Zealand. The standards are often changing and evolving following consultation with the Building Industry Authority in New Zealand and of particular importance for builders and purchasers of new dwelling houses is the obtaining of a “code compliance certificate”. It has now become standard practice to require the production of a code compliance certificate at the end of construction works and certainly before the settling of the purchase of new home by a purchaser from a builder in the residential and commercial market. There can be issues as to the adequacy of works and indeed the revoking of code compliance certificates should damage subsequently arise. Presently there is wide ranged concern as to the adequacy of construction methods and standards. These issues can be advised on by KH Law Centre Solicitors, in particular exterior cladding failure and resultant water damage to the exterior and interior of buildings.

Trading Entities

Often the builder or a building trade will wish to use a company as their entity for trading. KH Law Centre Solicitors can provide such companies on an inexpensive basis to builders. For members of the public wishing to deal with builders we can provide company searches and advise on the adequacy and credit worthiness of the companies before engaging with them.

Land Development

Often when building works have been carried out such as with multi-unit apartment blocks there will be an application to subdivide land. This involves the compliance with the requirements of the Resource Management Act 1991. Build Law Solicitors are experienced in dealing with subdivision matters and indeed in litigation in the New Zealand Environment Court, High Court and Court of Appeal relating to such matters. If you are considering a subdivision or indeed wish to object to a subdivision, KH Law Centre Solicitors can assist and advise with regard to that.