Dealing with disputes

Every business, trade or otherwise, finds itself in a dispute at some stage. A dispute can be minor such as chasing outstanding invoices for work undertaken, or potentially major, for example, challenging the materials supplied or alleged workmanship issues.

Sometimes these disputes can be resolved with a discussion between the parties, often with a little compromise on each side. Occasionally a resolution cannot be reached and outside assistance is required to achieve a satisfactory outcome.

We are experts in all aspects of dispute resolution and will seek to resolve your dispute in an efficient, cost effective manner. Our team believe in early intervention to dispute resolution, but where required, we are happy to apply our experience in representing clients in the District and High Court, Specialist Tribunals, Arbitration and Mediation on your benefit.

While this experience is reassuring for our clients, our advice is to avoid disputes at all by starting each business relationship on the correct footing. Doing so will lessen the chances of a dispute in the future.

Key tips to be prepared for and avoid disputes:

  1. Start each business relationship the way you want to go on – ensure your terms of trade are clear and the scope of work, costings and estimates are well understood;
  2. Maintain regular communication with your client on progress, costs and any changes that are anticipated;
  3. Vet clients for big jobs – undertake reference checks, Google, Baycorp or Veda searches for any adverse commentary;
  4. If the job is sufficiently large, obtain a guarantee from a director if you are dealing with a company;
  5. Invoice for all work promptly and make sure the invoice is received;
  6. Keep good written records of key project milestones and any agreed changes to project scope;
  7. Create an email template to remind a client their invoice is outstanding and payment is required.

Our Dispute Resolution Fact Sheets provide a great starting point for any business where a dispute has arisen or where you are seeking to avoid one.

 

For further advice contact us at Tradie Law to discuss your issue and how we can best help you.

Contact:

helpdesk@tradielaw.co.nz

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