Tiling disputes generally arise out of poor contractual documentation and/or defective work and/or materials.

Plans often lack critical detailing and specifications are often general and not project specific. Quotations will often omit (deliberately or accidentally) items of work but not expressly state so on their face and may contain estimates for the tiling works/supply to be undertaken in the form of PC (Prime Cost) or Provisional Sums that are woefully inaccurate for the work that is in fact required to be undertaken or tiles that are selected. Owners will often choose to supply tiles but will have no idea as whether the tiles are suitable for the location/purpose, and owners will often request changes to the scope of work and specification as work progresses.

On the other hand, mistakes and errors are a feature of any building related work and some tiling contractors fail to have adequate quality assurance processes in place to ensure they achieve the agreed/specified scope of work to the specified standard, and/or to complete their work by the due date for completion. Tiles come in many different sizes and but inevitably cuts are required and set out becomes a contentious issue when agreement is not reached in advance. Joint width and grout type and colour selection are also common causes for complaint.

Waterproofing is often an integral part of tiling work and problems can arise when leaks appear below and around showers and wet areas, and/or producer statements are withheld pending payment.

In the circumstances, it is little wonder that tiling disputes arise from time to time. There are essentially two types of disputes that we deal with:

  • technical (in the legal sense) disputes – ie disputes that arise out of non-compliance with the technical requirements for making and responding to payment claims under the Construction Contracts Act 2002 (the Act); and
  • merits based disputes – ie disputes about the merits of the parties’ arguments in terms of the construction contract that governs their relationship, or in the case of a contract with a residential occupier, the statutory warranties that are implied into every residential building contract under s362I of the Building Act regardless of whether there is a written building contract. Typical merits based plumbing disputes include disputes in relation to:
    • non-payment for work undertaken;
    • contract interpretation – what the parties actually agreed;
    • scope of work;
    • quality of work;
    • quality of materials;
    • time for completion;
    • payment – the value of the work undertaken in the absence of express agreement as to price;
    • estimates v actual cost;
    • variations – whether certain work is in fact a variation to the agreed scope of work and the value of that varied work;
    • defective work;
    • scope and cost of rectification work;
    • repudiation/cancellation of the contract; and
    • damages for breach of contract.
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With 20 years experience in the avoidance, management, and resolution of building and construction disputes, the Building Disputes Tribunal is recognised and respected as the leading independent, nationwide provider of specialist dispute resolution services to the building and construction industry.

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