Your build has gone wrong. Now what?
Calm, step-by-step help for the worst moments of a building project — what to do, what your rights are, and exactly where to get help. You have more protection under NZ law than you might think.
What to do if your builder won't finish the work
Put your concerns in writing and give the builder a clear, reasonable deadline to return and finish. If they don't, you can usually engage another tradesperson to complete the work and seek to recover the extra cost — through the Disputes Tribunal (claims up to $60,000) if it can't be resolved. Document everything as you go.
What to do if your builder goes into liquidation mid-build
Stop further payments, secure the site, and find out who's been appointed (a liquidator or receiver) — then register as a creditor. You'll likely be an unsecured creditor, so recovery is uncertain. Check any Master Build or Certified Builders guarantee, talk to your insurer and a lawyer, and line up a new builder to complete the work.
How to get your deposit back from a builder
Ask for the deposit back in writing, setting out what you paid and what was actually delivered. If the builder refuses and the work hasn't been done, you can claim through the Disputes Tribunal for up to $60,000. Recovery is hardest if the builder has gone broke — then you join the queue as an unsecured creditor.
What to do about a builder's defective work
Notify the builder of the defects in writing. If they appear within 12 months of completion, the builder must fix them under the Building Act unless they can prove the fault isn't theirs. Implied warranties also let you take action for poor workmanship for up to 10 years. If they still won't fix it, you can engage another tradesperson and recover the cost, or claim through the Disputes Tribunal.
What to do when a builder keeps delaying the job
Check your contract for any agreed completion date. Even without one, the Building Act's implied warranties require work to be completed in a reasonable time. Put your concerns in writing with a clear deadline, keep a record of the delays and any costs they cause, and escalate to the Disputes Tribunal if it can't be resolved.
General information for NZ homeowners, not legal advice. Every situation is different — get professional advice for your circumstances.