Dispute Resolution
An impartial assessment, in writing, from somebody with no stake in how it turns out.
Why people bring this to somebody outside
Fencing disputes are rarely about fencing. They are about one party believing the work is not worth what was charged, or not what was agreed, or not what a neighbour should have to contribute to - and there being no agreed source of truth to settle it against. Both sides are usually sincere. What is missing is somebody competent who is not on either side.
I assess the fence, the contract or the claim on its merits and put the finding in writing: what was built, whether it meets a reasonable standard for the money, what a fair cost would have been, what it would take to put right, and what that would cost. Photographs, measurements and reasoning, in language a person who is not a fencer can follow.
The point of instructing someone independent is that the report is worth something to whoever reads it next - the other party, an insurer, a mediator or a lawyer. I am not tendering for the remedial work, and I will give the same finding whichever party is paying for the assessment. If your position is the weaker one, you will hear that from me first, which is generally cheaper than hearing it later.
A shared boundary with services running under it. Two owners, one fence, and usually two versions of what was agreed.
What this covers
Independent fence assessments
A site assessment of the fence or the workmanship actually in dispute.
Expert reports
A written, evidenced report setting out the findings and the reasoning behind them.
Boundary fencing advice
What a fair fence and a fair contribution look like between two neighbouring owners.
Assistance with contractor disputes
Support for either an owner or a contractor where the standard or the value of work is contested.
Insurance assessments
Assessment of fencing damage, cause and reinstatement cost for an insurer or a claimant.
Who this is for
- Neighbours who cannot agree on a boundary fence or on what each should pay
- Owners in dispute with a contractor over standard, scope or price
- Contractors who believe their work is being unfairly criticised
- Insurers, loss adjusters and lawyers who need a fencing opinion they can rely on
What you get
- A site assessment with measurements and dated photographs
- A written report with findings, reasoning and a reinstatement cost where relevant
- A clear statement of what falls outside my expertise and belongs with a lawyer
Costed and agreed before I start, never after. A phone call about a straightforward question is usually free.
Often taken together with
Quality Assurance & Inspections
Checking the fence against the specification while it can still be put right.
Read more →Compliance & Standards
Which rules actually apply to this fence, and whether what is proposed will satisfy them.
Read more →Independent Fencing Advice
A straight answer from somebody who is not quoting the work.
Read more →Paid for the advice, not for the work that follows
I am a certified fencer and I also own a fencing contracting business. That is stated up front rather than buried, because it is the first thing anybody sensible wants to know about an independent adviser.
The rule is simple and it does not bend. If I am advising you, my contracting company is not tendering for your job. You can have my advice or you can have my crew, and you cannot have both on the same project, because the moment you could the advice stops being worth anything. If you would rather have the fence built than the question answered, I will say so and point you elsewhere.
It works the same way in a dispute. I give the same finding whichever party is paying for the assessment, and if your position is the weaker one you will hear that from me first.
The contracting business is Custom Fencing Ltd, which is where the experience behind all of this comes from - and it is disclosed here so that you can check it rather than discover it.
FCANZ Certified Fencer. The Fencing Contractors Association of New Zealand assesses fencers against a practical standard that has to be maintained rather than earned once. The reason it matters here: the advice comes from somebody who still has to go out and build to the standard he is describing.
Tell me what you are trying to work out
Most people get in touch because they have a decision to make and nobody independent to check it with - a tender that does not add up, a fence line that keeps failing, a dispute that has stopped moving, or a property they are about to buy. Describe the situation and I will tell you honestly whether it needs me, and what it would take.
021 614 100- nick@customfenceconsulting.co.nz
- 130 Edinburgh Street, Waikouaiti 9510, Otago
- Monday to Friday, 7am - 5.30pm
Based at Waikouaiti in East Otago and working throughout New Zealand. Site work anywhere in the country; desk work - a tender review, a specification, an opinion on a set of photographs - can start the day you send it.