Showing posts with label project. Show all posts
Showing posts with label project. Show all posts

Monday, April 5, 2010

Project Information Mamurandum(PIMs).

PIMs is issued by your local council, for a fee, and as you can see from the table below,
It often appear to be providing the information given below.. This include information
the council considers relevant to your building project. The PIM is specific to a proposed
project – hence the name Project Information Memorandum.
It is Required under the Building Act.
It can only be applied for by someone who is planning a specific project and may need
a building consent (by applying for building consent you will be treated as applying for
a PIM also, if you have not already done so).
The application needs to describe the project in detail.
It provides details on special features of the site for use in the design of the building
(if not already considered by the designer).

It may tell you about:
protection of the land or buildings, for example, by the Historic Places Trust
the location of services, such as water and waste systems on the site and adjoining
land.
land details such as ground stability, geological history, areas that have been filled, or have been unstable or if there is any risk of flooding.
permitted footpath crossing points district plan non-compliances .
Applying For the PIMs.
A PIM provides information about the work site that may have an effect on the
work, for example, planning restrictions, the location of stormwater drains and ground conditions.
You can apply for a PIM at the preliminary design stage of the project or at the same
time as you apply for building consent. If you apply for a building consent without applying
for a PIM, your consent application will be treated as including an application for a PIM.

causes of failure of Building Project.

If it is seen something going wrong with your building project, talk to the architect, designer, builder, or other contractors first. See if you can sort it out by clearing up anyMisunderstandings.
If you have a serious breakdown in communication, your options for resolving problems or disputes are disputes Tribunals will deal with disputes up to $15,000, or $20,000 with the agreement of the parties (these amounts may be too low when dealing with houses).

The Consumer Guarantees Act says any service contracted by a consumer should be carried out with reasonable skill and care. It should be at a reasonable price and fit for its purpose. This law applies to all building practitioners.
  1. The Construction Contracts Act may have limited use for consumers as it is aimed primarily at aiding the flow of money between building professionals, i.e. contractors and subcontractors.
  2. The Weathertight Homes Resolution Service (WHRS) for leaky home disputes.
    Master Builders and Certified Builders both provide an inspection and complaints service for disputes over members' work.
  3. A number of other trade organisations, such as the Master Plumbers Association and the Master Painters Association, offer similar services. See our contacts directory of trade and professional groups.
  4. You can apply to the Department of Building and Housing for a Determination, if you don’t accept that a Building Consent Authority had reasonable grounds for refusing to issue a building consent, compliance schedule or a CCC.
  5. Arbitration. The Arbitrators and Mediators Institute of Ur Country can give you the names of local arbitrators and mediators with relevant expertise. Court action. This is usually a last (and expensive) approach to resolving problems. If you’ve already gone through arbitration or a Disputes Tribunal this option is usually closed to you.

Is mediation the best option.

Mediation has more advantages and fewer disadvantages than the other options and is probably the most popular option to resolve disputes. Suppose you have moved into your new home and discover after a short time that the concrete masonry blocks are starting to crack. The builder says it was a problem with the blocks. The block manufacturer says the blocks weren’t put up according to their strict specifications. One way to resolve the matter is to go to mediation.

The advantages are:
The cost (5 - 10% of full litigation costs).
The speed – you should get it arranged and completed within one or two months and the actual mediation only takes a matter of hours, or at most a few days, depending on the complexity.

Mediation as aCompromise.

You need to go into mediation with the understanding that mediation is all about coming to a compromise. You might have to forgo some of what you see as your legal rights in the matter, i.e. they’re wrong and I’m right.You will be advised that if you and the other party can’t reach an agreement the case has to go to Court, which will cost you in terms of:

Time and emotional energy.

Damage to ongoing relationships with the other party – you still want the problem fixed
Legal expenses.
Even if mediation fails, often the parties will agree to settle, without either admitting they were in the wrong, to avoid the Court process.

The process is confidential.

Everything that happens in the mediation is usually confidential so anything said, or produced in writing to support a position, cannot be repeated outside the mediation room. It is up to the parties to decide whether they want the mediation to be kept confidential. The final terms of the settlement are also usually confidential, except where disclosure is required by law or to enforce the settlement agreement.

Arbitration.

There may be an arbitration clause in your contract with your builder or designer. Even if there is not, you can still choose to take your dispute to arbitration. Arbitration is governed by the Arbitration Act 1996.
If you are initiating arbitration, you need to sort out your facts, establish the real issue in dispute and decide who could be witnesses for your side. You will need to talk with the other side to decide who should be the arbitrator and the venue for the arbitration hearing. It is advisable to obtain legal advice before you begin arbitration proceedings.
At the hearing you will have the opportunity to summarise your argument and present your witnesses. The other side then has an opportunity to present their case. The arbitrator can award any remedy or relief that the High Court could have ordered.
You are not bound by the arbitrator's decision unless you have a separate written agreement certifying that you have read and understood the arbitration and agreed to be bound by it. There is a limited right to appeal (generally this is limited to appeals on points of law or procedure),
Usually the arbitrator’s fee is paid by the unsuccessful party. But in some cases you can agree beforehand on a formula for sharing the cost.

Time Limitation.

You cannot bring a civil action relating to building work against anyone after 10 years from the date when the work that caused the problem was done. This is stipulated in the Building Act 2004 section 393.