Construction law, property law & leaky building dispute resolution

Across the construction, building and property sectors, we’ve acted for a diverse and extensive range of clients, giving us a unique perspective to anticipate challenges, navigate complex negotiations, and deliver tailored legal solutions that protect their interests.

Comprehensive sector-wide experience to best represent you

Our experience includes construction-related disputes in all forums (adjudication under the Construction Contracts Act 2002 (CCA), and mediation, arbitration & litigation), representing clients from developers to contractors to residential home owners.

We represent:

·        Commercial construction companies and property developers,

·        Residential homeowners and body corporates,

·        Builders and subcontractors, and

·        Commercial building owners.

Leaky building legal action for home and building owners

When your home or investment is impacted by a building defect or is a leaky building, you need specialist leaky building lawyers with extensive experience acting for home and building owners.

 

For over 20 years, we’ve successfully resolved claims for residential homeowners, body corporates, and commercial building owners, including successful claims and settlements against local authorities, builders, developers, architects and subcontractors.  We also have extensive experience with vendor/purchaser claims based on misrepresentation, mistakes, warranty claims, Fair Trading Act breaches and so on.

Get in touch if you have a defective or leaky building claim.

 

Commercial construction law

Property developers, commercial property and business owners have a lot at stake when construction law disputes arise. Our construction law team has acted for developers, building contractors and subcontractors, designers, private certifiers and project managers nationwide, to resolve complex construction and payment claim issues.

 

If your project is facing an uncertain future due to legal disputes, get in touch to discuss your situation in confidence.

Strong relationships with industry experts support your claim

An ability to understand the complex technical material required for construction dispute resolution is essential. To assist our clients, we’ve built a network of trusted construction sector expert witnesses – from building surveyors and engineers to materials specialists and quantity surveyors.

 

Our team is experienced in the research, analysis and multi-party management required to be successful with construction sector cases.

 

Settling land and property disputes of all kinds 

Property law can be complex. Pragmatic legal advice and action that looks after your best interest reduces your risks. Our property team has extensive experience with both transactional and litigation aspects of the sale and purchase of property, including:

·        claims in misrepresentation

·        contractual disputes

·        breaches of vendor warranty provisions

·        negligence, and

·        misleading and deceptive conduct.

 

We can also assist with matters relating to cross-leases, unit titles, easements, covenants, estates, construction defects, weathertightness issues, contractor/sub-contractor disputes, insurance claims and trust and estate litigation. 

 

If you’re on the hunt for an effective property lawyer, get in touch to discuss your situation.

A track record of success

Our talented team has collected over $75 million in settlements since 2010

2022

  • Successful settlement of compensation claims against Wellington City Council and others for owners of an alleged leaky home in Miramar, Wellington.

  • Successful settlement of $20m+ compensation claim by certain owners of alleged leaky apartments in Wellington.

  • Successful civil case in the High Court over house sale misrepresentations: Anderson v DeMarco [2020] NZHC 2979. The defendant was adjudicated bankrupt in 2021, and his appeals abandoned in 2022.

2021

  • Successful resolution of large commercial contract dispute regarding international manufacturing and supply of food processing machinery.

2020

  • Successful settlement of multi-million dollar leaky building claim brought by the Body Corporate and owners of a large multi-unit apartment complex in Ngaio, Wellington.

2019

  • Successful settlement of $15m claim brought by Body Corporate and owners of alleged leaky apartments in Porirua.

  • Successful settlement of the $20 million leaky-building claim lodged by owners of St Paul apartments in Wellington, believed to be Wellington's biggest leaky building claim.

Class Actions

Our team has a rare breadth and depth of experience in the class action context, having obtained orders approving class actions to proceed in the James Hardie Cladding Action, being among the very few firms in New Zealand to bring class actions to trial.

Testimonial

“I am a Registered Building Surveyor and a significant part of my work relates to the investigation of defective buildings and the provision of expert evidence in relation to litigation involving such defective buildings.

 

I have worked closely with the Dalzell Wollerman team for over 10 years on numerous weathertightness claims from initial instructions through to mediations and Judicial Settlement Conferences, and occasionally through to Weathertight Homes Tribunal hearings and High Court hearings.

Particular strengths of the Dalzell Wollerman team that set them apart from other lawyers with whom I have worked over the years, include the team’s attention to detail, meticulous case preparation and willingness and ability to understand the technical arguments that are often a factor of weathertightness claims.

I recommend the Dalzell Wollerman team to my clients who require legal representation, particularly those clients who have complex (from both a legal and technical perspective) claims, as I am confident that they will provide these clients with the best possible advice and legal representation."

THOMAS WUTZLER, HELFEN LTD