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Property problems: My property, his builder: Do I have to pay?
Wednesday 4th of May 2005
A: The simple is answer is yes. The Construction Contracts Act 2002 introduced a fast-track mechanism known as adjudication for disputes arising under a construction contract. From what you have said, your brother's company engaged the builder to carry out renovations to the property, which would be construction work, and so is likely to be a construction contract covered by the act. The builder is therefore entitled to bring his claims for payment via the adjudication process.
From your point of view, the significant part of the act is that it enables an adjudication to be brought not just against the party who contracted the builder (your brother's company) but against the land owner if the land owner is an "associate" of the contracting party. In your case you would meet the definition of "associate" under the act because you are a director of the company that engaged the builder. You are therefore an associate of your brother's company.
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From your point of view, the significant part of the act is that it enables an adjudication to be brought not just against the party who contracted the builder (your brother's company) but against the land owner if the land owner is an "associate" of the contracting party. In your case you would meet the definition of "associate" under the act because you are a director of the company that engaged the builder. You are therefore an associate of your brother's company.
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