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What to Do If Your Concreter Does Poor Work: NZ Disputes Process Explained

If your concreter does poor work in NZ, you have several options — from direct negotiation to formal disputes processes. Here's how to protect yourself.

What to Do If Your Concreter Does Poor Work: NZ Disputes Process Explained

Discovering that your concreter has done substandard work — cracked slabs, poor finishing, incorrect levels, or work that simply doesn't match what was agreed — is frustrating and potentially costly. The good news is that New Zealand homeowners have clear rights and a structured process to follow when things go wrong with a concreting job.

Start With Direct Communication

Before escalating anything, contact your concreter in writing (email is ideal, as it creates a paper trail). Describe the defects clearly, include photos, and give them a reasonable opportunity to inspect the work and put things right. Many disputes are resolved at this stage — a reputable tradesperson will want to fix genuine mistakes.

Keep records of:

  • Your original written quote or contract
  • Any variations agreed during the job
  • Photos of the finished work (and ideally, photos taken during the job)
  • All written communications

Understand Your Consumer Rights

Under the Consumer Guarantees Act 1993 (CGA), services must be carried out with reasonable care and skill, be fit for purpose, and be completed within a reasonable time. If your concreter's work falls short of these guarantees, you are legally entitled to have the problem remedied. The Contract and Commercial Law Act 2017 also supports your right to enforce the terms of your agreement.

Consumer NZ has excellent plain-English guidance on your rights when tradespeople do poor work — it's worth reading before you escalate a dispute.

Check Whether a Building Consent Was Required

Some concreting work — such as a new concrete slab for a habitable building, retaining walls, or driveways that affect stormwater — may require a building consent under the NZ Building Code. If consent was required and not obtained, this is a serious issue. Work done without consent may not comply with the Building Code, and you could face problems when selling your home.

Contact your local council to check whether consent was needed. MBIE Building Performance has guidance on what work requires consent and what falls under Schedule 1 exemptions — but always confirm with your council, as requirements can vary.

Get an Independent Assessment

If the concreter disputes your claim, getting an independent technical assessment strengthens your position significantly. You could engage:

  • Another experienced concreter to provide a written opinion
  • A Licensed Building Practitioner (LBP) — find one at Licensed Building Practitioners
  • BRANZ, New Zealand's building research authority, which can provide technical guidance on concrete standards and acceptable tolerances

Having a written expert opinion makes it much harder for a concreter to dismiss your concerns.

Formal Disputes Options

If direct negotiation fails, you have several formal pathways:

Disputes Tribunal

For claims up to $30,000, the Disputes Tribunal may be a practical option for many homeowners — check the Ministry of Justice website for the current claims limit, as this can change. It's relatively low-cost, doesn't require a lawyer, and decisions are legally binding. You can file a claim online through the Ministry of Justice. The tribunal will consider your evidence, the concreter's response, and any expert opinions.

District Court

For larger claims (over $30,000), you may need to pursue the matter through the District Court. Legal advice is strongly recommended at this stage.

Trade Associations

If your concreter is a member of a trade association such as the Certified Builders Association of NZ (CBANZ) or the Master Builders Federation, those organisations may have a complaints or mediation process. Check whether your concreter holds any such membership.

Your Local Council

If consented work doesn't comply with the approved plans or the NZ Building Code, your council's building compliance team can investigate. In serious cases, they have powers to require remediation.

What Counts as Poor Work?

Not every imperfection is a defect — concrete naturally develops minor surface cracking as it cures. However, the following are generally considered unacceptable:

IssueWhy It Matters
Structural cracking (wide or deep cracks)Indicates mix, reinforcing, or curing problems
Incorrect levels or fallsCan cause drainage and flooding issues
Surface delamination or dustingPoor finishing or curing technique
Work not matching the agreed specBreach of contract
Reinforcing not installed as specifiedStructural and Building Code concern

When to Call a Professional

If the defective work involves a structural slab, foundation, or any consented work, get a qualified professional to assess it promptly — don't wait. Structural concrete issues can worsen over time and affect the safety and value of your home. A Licensed Building Practitioner or structural engineer can provide the authoritative assessment you'll need for any formal dispute. You can find qualified local concreters and building professionals on tradedirectory.co.nz to get comparison quotes or independent opinions.

Safety note: If you suspect a structural slab or foundation is seriously compromised, seek professional advice before using the affected area.

Frequently Asked Questions

Can I withhold payment if my concreter does poor work?+

You may be entitled to withhold payment for work that clearly doesn't meet the agreed standard or the Consumer Guarantees Act requirements, but this can be legally complex. It's best to seek advice from Consumer NZ or a lawyer before withholding payment, as doing so incorrectly could put you in breach of contract.

How much does it cost to take a dispute to the Disputes Tribunal in NZ?+

Filing fees for the Disputes Tribunal are relatively modest and vary depending on the size of your claim. The tribunal handles claims up to $30,000. Check the Ministry of Justice website for current fee schedules, as these can change.

Is cracking in new concrete always the concreter's fault?+

Not necessarily. Some minor surface (hairline) cracking is normal as concrete cures and shrinks. However, significant structural cracking, wide cracks, or cracking that causes drainage or safety issues may indicate a problem with the mix, reinforcing, curing, or subbase preparation. An independent assessment will help determine the cause.

Does concreting work in NZ require a licensed tradesperson?+

Concreting is not a licensed trade in the same way as electrical or plumbing work in NZ. However, if the concrete work is part of a consented building project, it must comply with the NZ Building Code and may need to be carried out or supervised by a Licensed Building Practitioner (LBP). Always check with your local council about consent requirements.

How long do I have to make a claim about poor concreting work?+

Under the Consumer Guarantees Act, there is no fixed time limit, but claims should generally be made within a reasonable time of discovering the defect. The Limitation Act 2010 sets broader time limits for legal claims — typically six years from when the problem arose or was discovered. If in doubt, seek legal advice promptly rather than waiting.

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