Joem Baldesco LLM MRICS MCIArb AAMINZ
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Bricks & Balance

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From Conflict to Clarity: The Power of Dispute Resolution Clauses in Construction Contracts

23/9/2025

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From Conflict to Clarity: The Power of Dispute Resolution Clauses in Construction Contracts
​Every construction project begins with excitement—the vision of a new home, a refurbished office, or a large-scale development. But behind that excitement lies a reality I’ve seen many times over nearly two decades in this industry: projects succeed not just because of good design and strong teams, but because of solid contracts.

In my work as a Chartered Quantity Surveyor and dispute resolution practitioner, I’ve come across contracts that were little more than handshakes on paper. Inevitably, those projects ran into trouble. On the other hand, where the contract was carefully drafted—with clear scope, timelines, payment terms, and especially a dispute resolution clause—the project was far more likely to stay on track, even when challenges arose.

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Weekend Emails and Payment Claims: A Tale of Two Jurisdictions

14/9/2025

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Construction site with cranes and workers illustrating payment claim timing under WA Security of Payment Act vs NZ Construction Contracts Act 2002
It’s a quiet Saturday afternoon. The cranes stand still, the excavators are parked, and most of the crew have gone home to their families. Yet, behind the scenes, the project doesn’t really sleep. An email pings into a company’s inbox—a payment claim. Nobody reads it that day. Nobody even sees it until Monday morning.

For many contractors, subcontractors, and clients, that scenario feels harmless. But in the world of construction law, timing is everything. The moment that email landed, the statutory clock had already started ticking. By the time the office opened again, precious days had already been lost.

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    Joem is a Dispute Resolution Practitioner, Construction Law specialist and a practicing Quantity Surveyor with a strong background in Civil Engineering and Project Management.

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© Joem E Baldesco 2025
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