Disputes & Final Accounts
We help with the numbers in a construction dispute, and with negotiating the final account once the work is done. We're quantity surveyors working with clients right across New Zealand.
Overview
When you need dispute or final account support
We give quantum advice on a construction dispute, which means we tell you what the disputed work is worth. We also help negotiate the final account, which is the last statement of the contract price. Owners, developers and contractors use both services. They're part of our post-contract quantity surveying work.
Our advice can help if you're already in a dispute or are thinking about adjudication.
What we handle
What our dispute and final account support covers
Disputes and final accounts can overlap, because a dispute that isn't settled during the project can carry into the final account.
Quantum advice for disputes
We advise on what a disputed item is worth.
Final account negotiation
We help you negotiate the final account.
Time-related costs in a dispute
Where an extension of time claim is in dispute, we advise on the value of the time-related costs.
Second opinion on a final account
We take a second look at a final account you've been sent.
In New Zealand
Adjudication and the final account
Adjudication is a formal process under Part 3 of the Construction Contracts Act 2002, where an independent adjudicator decides a construction dispute. Any party to a construction contract has the right to refer a dispute to adjudication. Mediation is another option, where both parties try to reach agreement with the help of a mediator. MBIE names Resolution Institute as one group that can provide mediators.
What goes in a final account and when it's due both depend on your contract.
What you get
Clear advice on value, and help with your final account
You get clear advice on what the items in dispute are worth. Where the final account is still open, you also get help negotiating it.
We handle the quantum, not the legal merits
Legal questions stay with your lawyer.
Who this is for
This service is for property owners and developers with a final account that has stalled. It's also for builders and subcontractors with a variation or claim that was never resolved during the project.
Related services include payment recommendations and variation assessments, as well as contract administration.
How it works
How a dispute or final account job runs
- 01
Send it through
Send us the claim or final account as it stands, with details of the dispute and any records you have.
- 02
Where it stands
We work out what's agreed and what's still in dispute.
- 03
Our advice
You get our advice on the numbers.
- 04
Next step
If the final account hasn't been agreed yet, we help you negotiate it.
Why AMS
How we approach it
Based on the contract
Because our advice is based on your contract terms and the project records, you can point to where the numbers come from.
Quantum checked first
We can check the quantum before you commit to a position, so any figure you put forward has already been tested.
A contract that can close
Once the final account is agreed, the contract can move to close-out and you're no longer left with an open job.
Frequently asked questions
Can you help with a construction dispute going to adjudication?
Yes, we can advise on the quantum, but we don't act as your representative or as an expert witness.
Who appoints the adjudicator?
The parties can agree on an adjudicator, or on a body to nominate one. Otherwise, the claimant can ask an authorised nominating authority to select one. The Building Disputes Tribunal is one of these authorities, and MBIE publishes the full list.
How long does adjudication take under the Construction Contracts Act?
MBIE's guidance says decisions are usually made within 20 to 40 working days. Under the Act, the respondent has 5 working days to respond to the claim, unless more time is agreed or allowed. The adjudicator then has 20 working days to decide, or 30 if the adjudicator considers more time is reasonably needed. The parties can also agree to give the adjudicator more time.
What holds up a final account?
Open variations, unsettled delay claims and gaps in the records can all hold up a final account. It's worth sorting them out, because your contract may say what happens to a claim left out of the final account.
How is dispute and final account work different from the normal payment claim process?
It follows on from the payment claim process. Payment claims are assessed while the project is running, and our payment claims and variations work covers that stage.
Need a quantity surveyor for your next project?
Send through your plans or a short description of the project and we will come back to you.