Litigation, Dispute Resolution and Tribunals

Our lawyers can help you in all areas relating to building and construction disputes including:

• Construction Contracts Act claims - when your client won't pay or the builder over-charges
• Building defects claims including leaky building litigation
• Claims against insurers arising from earthquakes or other material damage claims
• Wrongful termination of construction contracts

Our team has extensive experience in resolving disputes. Their input in advising on contracts at the early stages of a project will help minimise the risk of things going wrong, and ensure you are protected if they do.

We act for developers, construction companies, product manufacturers and suppliers as well as property owners ranging from large commercial premises to the humble bach.

We make it a priority to resolve these matters in a speedy and cost-effective manner so that, wherever possible, relationshps do not deteriorate and parties can "get on with life".

A disagreement you are unable to resolve with another party can severely disrupt your business. We can help get your commercial interests back on course. 

Negotiation - the first step

Expert negotiation may be appropriate if the dispute is not extreme. Martelli McKegg can negotiate on your behalf to convince the other side of your position. To get payment of debts owed or to enforce contracts. 

Court proceedings

If the dispute is difficult, Court proceedings may be necessary. In that case, Martelli McKegg's specialist litigation team step in to convince a Judge that your position is the correct one. We will research your case diligently and present and argue it in Court fearlessly. 

Alternative dispute resolution

If the formality of Court is not for you, you may prefer an alternative form of dispute resolution. The difference between Court and alternative dispute resolution is that in the latter, you control the process by agreement with the other side. Our team are skilled in dispute resolution. We will present your argument skilfully and forcefully.

We routinely act for employees and employers in bringing and defending:

• personal grievances
• unjustified dismissals
• unjustified disadvantage claims 

Employers

We are adept at minimising the downside to employers when restructuring business and employees. Unjustified dismissal claims by legitimately terminated employees also commonly feature.

Employees 

Employment relations should be characterised by an element of good faith. Where they are not, employees may have a valid claim against their employer. Martelli McKegg is experienced in in obtaining compensation for employees who are treated in any way other than in good faith. This may involve negotiating with an employer or former employer. If that is unsuccessful litigation may be an option. 

We have an experienced team able to help you at any level. For a more detailed breakdown of the services we provide see our Employment Relations section.

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If you believe you have been unfairly left out of a will, Martelli McKegg can help.

The death of a loved one is always painful. To be unfairly excluded from an estate can rub salt in a raw wound. 

Our expert family protection and testamentary promises team will help ensure you take your rightful place as a member of the family, and allow you to grieve with them without any bitterness about an unfair will or an overlooked promise. 

Family protection rests on the principle that the deceased owed a moral duty to various people, such as his or her children. The will should reflect that moral duty. If it does not, then a disadvantaged party may claim against the estate for an award that accurately reflects his or her relationship with the deceased. 

Where somebody has relied on a promise but been left out of a will in breach of that promise, testamentary promises law may apply. 

We are experienced insolvency lawyers with great working relationships with receivers and liquidators. 

Creditors' rights

We act for liquidators and receivers in creditors' interests, to preserve assets over which clients have security and to recover assets that may have been dissipated.  For instance, our litigation team routinely acts for liquidators to pursue former directors and shareholders who have not repaid their loans, advances, or misappropriations to the company in liquidation, or who have caused the company to engage in insolvent transactions. 

We are also skilled in acting for directors and shareholders in defending claims made by liquidators and receivers where they are not justified. 

We can help protect your assets if your relationship ends on poor terms.

The end of a relationship can be a tough time emotionally and financially. It can often be made worse by an unfair split of assets or an unfair shifting of the childcare burden. 

We'll act to ensure you get your fair share of property and are not encumbered with excessive costs after the split. Our dedicated relationship property advisors will give you practical advice and let you focus on what you need to do to move on with your life. 

The Fair Trading Act is an important piece of legislation in New Zealand. It gives consumers rights against retailers and merchants. Under the act, nobody in trade may be misleading or deceptive. 

Martelli McKegg have brought many successful claims for breaches of that legislation. If you believe somebody has misled or deceived you and caused you loss, contact our litigation team for them to take action.