Having a builder abandon your project is stressful and potentially costly, but you do have rights and practical options under New Zealand law. Whether your builder has gone quiet, stopped showing up, or formally walked off the job, acting quickly and methodically will put you in the best position to recover and get your project finished. Here's what to do.
Step 1: Secure the Site and Document Everything
Before anything else, make sure the site is safe. An unfinished building can pose serious hazards — exposed framing, open trenches, unsecured scaffolding, and unprotected electrical wiring are all risks. If there are immediate dangers, contact WorkSafe NZ for guidance on your obligations as the property owner.
Once the site is safe:
- Photograph and video everything — the current state of work, materials on site, and any defects.
- Gather all paperwork: your contract, invoices, receipts, consent documents, and any written communications (texts, emails, letters).
- Note the date the builder last attended site and any last communication you received.
This documentation is essential if you need to make a claim later.
Step 2: Review Your Contract
Your written contract is your most important tool. Check it carefully for:
- Termination clauses — what conditions allow either party to end the agreement?
- Payment terms — have you overpaid relative to the work completed?
- Dispute resolution clauses — does it require mediation before legal action?
- Defects liability — what warranties does the builder owe you?
If you don't have a written contract, or it's unclear, seek legal advice promptly. A construction lawyer or Citizens Advice Bureau can help you understand your position.
Step 3: Formally Notify the Builder in Writing
Send the builder a written notice (email is fine, but a letter sent by tracked post is stronger) stating:
- That you consider the contract to be in breach due to abandonment.
- A reasonable deadline (typically 5–10 working days) for them to respond and return to site.
- That failure to respond may result in you terminating the contract and seeking costs.
Keep a copy of everything you send.
Step 4: Check the Builder's Licensing Status
In New Zealand, certain building work must be carried out or supervised by a Licensed Building Practitioner (LBP). If your builder holds an LBP licence, they are bound by a code of conduct — abandoning a job without good reason may constitute a disciplinary matter.
You can check a builder's licence status and make a complaint through the Licensed Building Practitioners scheme. A successful complaint can result in the builder being fined, suspended, or having their licence cancelled — and it creates an official record that may support your financial claim.
Step 5: Understand Your Building Consent Obligations
If your project is under a building consent, you have ongoing obligations to your local council. An abandoned project may leave inspections incomplete, which can affect your ability to get a Code Compliance Certificate (CCC) at the end.
Contact your council's building department to explain the situation. They can advise on:
- Which inspections have been passed and which are still required.
- Whether the work completed so far meets the NZ Building Code.
- How to proceed with a new builder while keeping the consent valid.
For general guidance on consents and your rights, MBIE Building Performance is an excellent resource.
Step 6: Get an Independent Assessment
Before engaging a new builder, have an independent, qualified tradesperson or building inspector assess the work completed. This will:
- Identify any defects or non-compliant work.
- Establish a fair value for work genuinely completed (important if there's a payment dispute).
- Give the new builder a clear picture of what they're taking on.
BRANZ provides technical guidance and can point you toward qualified assessors.
Step 7: Explore Dispute Resolution Options
If the builder owes you money or you've overpaid, you have several avenues:
- Negotiation: Sometimes a direct conversation resolves things, especially if the builder is in financial difficulty.
- Mediation: A neutral third party helps both sides reach an agreement. Many contracts require this step first.
- Disputes Tribunal: The Disputes Tribunal handles lower-value claims (check the current jurisdictional limits on the Ministry of Justice website, as thresholds can change). For larger amounts, the District Court or specialist construction adjudication may apply. For larger amounts, the District Court or specialist construction adjudication may apply.
- Adjudication under the Construction Contracts Act 2002: This is a faster, binding process specifically designed for construction payment disputes. A lawyer can advise whether it applies to your situation.
For consumer-focused advice, Consumer NZ has useful guidance on your rights when tradespeople don't complete work.
Step 8: Engage a New Builder Carefully
Once you've documented the situation and have legal clarity, you can bring in a new builder. When doing so:
- Get at least two or three quotes that specifically account for the remediation of any defective work.
- Check the new builder's LBP licence before signing anything.
- Use a written contract — ideally a standard form such as the New Zealand Certified Builders or Master Builders contract.
- Notify your council that a new builder is taking over the consent.
You can find qualified, local builders on tradedirectory.co.nz.
When to Call a Professional
You should seek professional help immediately if:
- Electrical or plumbing work is left incomplete — this is legally restricted work that only a registered electrician (EWRB) or licensed plumber/gasfitter (PGDB) can complete or certify. Do not attempt to finish this work yourself.
- The financial amount in dispute is significant — engage a construction lawyer early.
- The builder has gone into liquidation or receivership — you may need to register as a creditor and the process becomes more complex.
- There are serious structural or weathertightness concerns with the incomplete work.
Safety note: Never re-enter or allow others into an unsafe structure. If in doubt, contact WorkSafe NZ.
Sources & Further Reading
- MBIE Building Performance – Building and Construction
- Licensed Building Practitioners – Check a licence or make a complaint
- WorkSafe NZ – Health and safety guidance
- BRANZ – Building research and technical guidance
- Consumer NZ – Rights when tradespeople don't complete work
- Electrical Workers Registration Board
Registered Master Builder
Licensed Building Practitioner (LBP)
