Daily Archives: January 22, 2022

Dispute Board Agreement: What You Need to Know

A dispute board agreement is a contractual mechanism designed to resolve disputes that may arise between parties involved in a construction project. It involves a panel of experts, usually comprising three members, who are appointed to offer non-binding opinions and recommendations aimed at preventing disputes from escalating into formal legal proceedings.

The dispute board agreement is particularly useful in the construction industry, where disagreements can be costly, time-consuming and detrimental to the success of a project. For instance, disputes may arise due to differences in interpretations of contract terms, delays in the completion of work, payment disputes, or disagreements over quality of workmanship.

To implement a dispute board agreement, the parties involved in the project must agree to the appointment of a dispute board, the terms of reference, and the procedures to be followed in resolving disputes. The panel members are typically appointed at the outset of the project and remain in place throughout the project’s duration.

The dispute board agreement can take two forms: the Dispute Adjudication Board (DAB) and the Dispute Review Board (DRB). The DAB is a more formal mechanism that involves binding adjudication of disputes, while DRB is a less formal process that focuses on monitoring and recommending solutions to disputes.

In the DRB process, the panel members conduct site visits and document reviews to monitor the progress of the project and identify potential disputes. They provide non-binding recommendations and evaluations aimed at resolving disputes before they escalate. The recommendations and evaluations are usually communicated in writing and delivered to both parties.

In the DAB process, the panel members conduct a formal hearing to adjudicate disputes. Their decision is binding, and the losing party is obliged to comply with the panel’s decision. The DAB process is generally more expensive than the DRB process, but it can save time and money in the long run.

The primary benefits of a dispute board agreement include:

– It provides a quick and cost-effective mechanism for resolving disputes, thereby preventing them from escalating into costly legal proceedings.

– It ensures that the parties involved in the project maintain a good working relationship, which is essential for the success of the project.

– It helps to identify potential disputes early, allowing the parties to take corrective measures before they become critical.

– It promotes transparency and fairness in resolving disputes, as the panel members are experts in the field and do not have any biases towards either party.

In conclusion, a dispute board agreement is an essential contractual mechanism that can help parties involved in construction projects to resolve disputes in a timely, cost-effective, and fair manner. While it may add some additional costs at the outset of a project, it can save time, money, and stress in the long run by preventing disputes from escalating into lengthy and costly legal proceedings.

Ending a Fixed Term Agreement in New Zealand: A Comprehensive Guide

Fixed term agreements are a common type of tenancy agreement, particularly in New Zealand. As the name suggests, these agreements are designed to last for a fixed period of time, often six or twelve months. While fixed term agreements can provide tenants with security and stability, they can also be inflexible, limiting a tenant`s ability to move or negotiate changes to the agreement.

So, what happens when a tenant wants to end a fixed term agreement in New Zealand? The process can be complex, particularly if the landlord is unwilling to accommodate the tenant`s request. In this article, we`ll provide a comprehensive guide to ending a fixed term agreement in New Zealand, including your rights as a tenant and the steps you need to take to terminate the agreement.

Know Your Rights

Before we get into the nitty-gritty of ending a fixed term agreement in New Zealand, it`s important to understand your rights as a tenant. The Residential Tenancies Act 1986 sets out the legal framework for tenancy agreements in New Zealand, including fixed term agreements.

Under the Act, tenants have the right to terminate a fixed term agreement early under certain circumstances. These include:

– If the landlord agrees to the termination

– If the tenant assigns (transfers) the tenancy to another person (with the landlord`s consent)

– If the tenant sublets the property (with the landlord`s consent)

– If the landlord breaches the agreement

– If the tenant is in a family violence situation

– If the tenant is a victim of sexual assault

– If the tenant is in a rest home or hospital

If none of these circumstances apply, tenants may still be able to end their fixed term agreement early if they negotiate a mutual termination agreement with the landlord. However, the landlord is not obligated to agree to this.

If a tenant does terminate their fixed term agreement early, they may be liable for rent and other costs up to the date the agreement was due to end. However, if the landlord re-lets the property before the end of the fixed term, the tenant may be entitled to a refund of any rent paid for the period after the new tenant moves in.

Steps to End a Fixed Term Agreement

If you`ve decided to end your fixed term agreement early, the first step is to talk to your landlord. Explain your reasons for wanting to terminate the agreement and see if they`re willing to accommodate your request. If you`re terminating the agreement because the landlord has breached it, make sure you have evidence to support your claim.

If the landlord is willing to agree to the termination, make sure you get this in writing. This should include the date the tenancy will end and any other relevant details.

If the landlord is not willing to agree to the termination, you may need to take further steps. The next step is to apply to the Tenancy Tribunal, which is a government body that helps resolve disputes between landlords and tenants. You can make an application online or by completing a paper form and sending it to the Tribunal.

The Tribunal will hear your case and make a decision based on the evidence presented. If the Tribunal agrees to terminate the agreement, they will issue an order setting out the details. If the landlord fails to comply with the order, they may be liable for penalties and fines.

Final Thoughts

Ending a fixed term agreement in New Zealand can be a complex process, but it`s important to know your rights and the steps you need to take to terminate the agreement. Remember that your landlord is not obligated to agree to the termination, but if you have a valid reason for ending the agreement, you may be able to negotiate a mutual termination or apply to the Tenancy Tribunal. As always, make sure you seek legal advice if you`re unsure about your rights and obligations as a tenant.