Welcome to Building Disputes Tribunal*
Too often building projects in New Zealand end up in dispute typically between the builder and home owner or between the builder and subcontractor. Disagreements and disputes about the cost of construction work, the quality of the work and time taken to complete the work are some of the issues which typically arise for resolution.Building Disputes Tribunal can help parties, with or without lawyers to resolve construction disputes fairly, promptly and cost effectively by providing a range of services specifically designed and targeted to resolve disputes in the building and construction industry. The alternative dispute resolution services that Building Disputes Tribunal offers include adjudication, arbitration, expert determination, mediation and facilitation. More particularly, Building Disputes Tribunal will nominate an adjudicator under the Construction Contracts Act 2002, case manage the adjudication process where the parties agree on an adjudicator from our panel, appoint an arbitrator, or select and appoint an expert, mediator or facilitator. All of the dispute resolution processes that the Tribunal provides are aimed at keeping the parties out of Court, reducing the financial and emotional cost of building disputes and maintaining relationships.
Building Disputes Tribunal NZ is an authorised nominating authority under the Construction Contracts Act 2002. This means that Building Disputes Tribunal is approved by the New Zealand Department of Building and Housing to appoint adjudicators to decide construction disputes. The adjudicators on the Building Disputes Tribunal panel are recognised as leaders in the area of construction law and are well qualified, respected and motivated to provide the best dispute resolution service possible.
Building Disputes Tribunal NZ is an authorised nominating authority under the Construction Contracts Act 2002. This means that Building Disputes Tribunal is approved by the New Zealand Department of Building and Housing to appoint adjudicators to decide construction disputes. The adjudicators on the Building Disputes Tribunal panel are recognised as leaders in the area of construction law and are well qualified, respected and motivated to provide the best dispute resolution service possible.
Building Disputes Tribunal provides the only independent, nationwide, specialist building and construction dispute resolution service. The Tribunal maintains a comprehensive and up to date website to assist and educate parties to construction contracts and their advisors about the procedures under the Construction Contracts Act for making and responding to payment claims and for the resolution of disputes by adjudication. The Tribunal's experienced Registrars provide a comprehensive and professional case management service from the nomination of an adjudicator through to provision of the determination. Parties are welcome to contact us and discuss any matters related to the adjudication process with our friendly Registrars.
The Building Disputes Tribunal does not charge the parties a fee for the nomination of an adjudicator, arbitrator or expert or for the provision of any of its services. Not charging parties a nomination fee or having other hidden costs for its services is consistent with the Tribunal's policy of providing the construction industry and the community with ready access to fair, prompt and cost effective dispute resolution services without unnecessary barriers.
The Alternative Dispute Resolution Options
Building and construction disputes are often resolved by alternative dispute resolution processes which include: adjudication, arbitration, expert determination and mediation.
Adjudication is the preferred method of resolving building and construction disputes in New Zealand in accordance with the Construction Contracts Act 2002 as it is quick, relatively cost effective, confidential and adjudication can be undertaken without the need to engage lawyers or technical experts in many cases.
Building Disputes Tribunal provides adjudication services for disputes of any value and complexity. Our Principal Adjudicators deal with disputes involving complex matters and where the amounts at issue range from $100,000 up to several million dollars . Our General Panel typically resolves building and construction disputes ranging from a few thousand dollars up to $100,000.
For simple disputes of less than $50,000, the Tribunal offers a unique Fixed Fee Adjudication Service (some conditions do apply). For all other building and construction disputes of any value, our comprehensive general adjudication service will provide parties with a fair, prompt and cost effective dispute resolution process.
Building Disputes Tribunal provides adjudication services for disputes of any value and complexity. Our Principal Adjudicators deal with disputes involving complex matters and where the amounts at issue range from $100,000 up to several million dollars . Our General Panel typically resolves building and construction disputes ranging from a few thousand dollars up to $100,000.
For simple disputes of less than $50,000, the Tribunal offers a unique Fixed Fee Adjudication Service (some conditions do apply). For all other building and construction disputes of any value, our comprehensive general adjudication service will provide parties with a fair, prompt and cost effective dispute resolution process.
Arbitration in New Zealand is an alternative statutory dispute resolution process, where parties submit their case to an Arbitrator for resolution and the decision of that Arbitrator is binding on the parties. Arbitration is confidential and may require the assistance of a lawyer and other experts.
Building Disputes Tribunal maintains a panel of highly experienced and qualified building and construction Arbitrators whose aim is to provide a truly effective alternative to litigation through the Court system. Our expedited commercial arbitration process has been developed over the last 20 years in response to industry feedback. It provides parties to building and construction disputes with a fair, prompt and cost effective dispute resolution process that is binding on the parties.
Building Disputes Tribunal maintains a panel of highly experienced and qualified building and construction Arbitrators whose aim is to provide a truly effective alternative to litigation through the Court system. Our expedited commercial arbitration process has been developed over the last 20 years in response to industry feedback. It provides parties to building and construction disputes with a fair, prompt and cost effective dispute resolution process that is binding on the parties.
Expert Determination is a simple means of binding dispute resolution. Unlike arbitration, Expert Determination is not governed by legislation. Expert Determination is a consensual process by which parties to a contract agree to refer matters in dispute to an independent person to decide. The independent person has expertise relevant to the matters in dispute between the parties and is engaged to decide the disputed matters as an Expert and not as an Arbitrator.
The process is controlled by the parties themselves, who agree beforehand whether or not they will be bound by the decisions of the Expert.
Building Disputes Tribunal has developed highly sophisticated and proven Rules and Guidelines that provide an effective contractual process by which Expert Determination is conducted. This efficiency translates into a dispute resolution process that provides a legally binding determination to resolve disputes which minimises time loss, cost, stress and disruption for parties.
Mediation is a voluntary process for the resolution of building and construction disputes in New Zealand where the mediator assists the parties to negotiate a settlement of the dispute. Mediation is often used by parties where they want to settle any issues between themselves in a forum that provides for flexible settlement options and maintain their relationships.
Building Disputes Tribunal has a panel of specialist construction mediators who are able to assist parties to resolve their dispute in a relatively informal manner through its TalkWorks Mediation Service.
Building Disputes Tribunal has a panel of specialist construction mediators who are able to assist parties to resolve their dispute in a relatively informal manner through its TalkWorks Mediation Service.
