ADJUDICATION PANELS

The Building Disputes Tribunal maintains two panels of adjudicators from which to nominate adjudicators for the purposes of the Construction Contracts Act 2002.

All Building Disputes Tribunal adjudicators have been appointed to the Tribunal’s panels because of their extensive knowledge and expertise in construction law coupled with their extensive knowledge, skill and experience in adjudication.

Some adjudicators come from legal backgrounds, some have an engineering, architectural and/or quantity surveying background and others have been builders, project managers and/or building consultants – all have extensive knowledge of building and construction practice and building and construction law in New Zealand.

The Building Disputes Tribunal provides a continuing professional development programme for its adjudicators to ensure consistency and excellence in the delivery of its services. All adjudicators on the Tribunal’s panels are required to maintain appropriate levels of continuing professional development.

In essence, the maintenance of two panels of adjudicators by the Tribunal simply recognises and respects the different levels of expertise and experience of the constituent members just as it does in any other dispute resolution forum i.e. the courts.
 

 
The Tribunal’s Principal Adjudicators are the most experienced, knowledgeable and respected adjudicators in New Zealand today.
 
The Tribunal’s Principal Adjudicators are recognised as the leaders in construction dispute resolution in New Zealand and by virtue of their experience and standing, the Principal Adjudicators may be appointed by the Tribunal to adjudicate disputes of any nature and claims of any value.

The value of claims submitted to date for adjudication by Building Disputes Tribunal adjudicators range from simple factual disputes involving a few thousand dollars to disputes for over $100M involving numerous complex factual and legal issues.

Unless a party takes objection, each determination by any Tribunal adjudicator is subject to ‘scrutiny’ by one of the Tribunal’s Principal Adjudicators before being given to the parties. Scrutiny is a key element of the Tribunal’s adjudication service ensuring that adjudicators’ determinations are of the highest possible standard and thus less susceptible to correction or challenge in the courts. This unique quality assurance mechanism makes the Tribunal’s adjudication service the country’s most reliable adjudication system.
 

 
The adjudicators on the Tribunal’s General Panel have been selected by the Tribunal because of their extensive knowledge of construction law and their training, skill and experience in adjudication.
 
The Tribunal encourages the less experienced, but nonetheless properly qualified and trained adjudicators on its General Panel, to adjudicate the lower value and less complex claims. The adjudicators on the General Panel operate under the mentorship of their more experienced colleagues, the Principal Adjudicators, thus gaining valuable experience and knowledge in a safe environment for the parties.

Generally the jurisdiction of the adjudicator’s on the Tribunal’s General Panel is limited to claims up to the value of $100,000.00.
 
The value of claims in respect of which the adjudicators on the General Panel may be nominated to adjudicate has been fixed by the Tribunal in direct response to the expectations and requirements of the industry and the legal profession for a proportionate response to determination making by adjudicators. In simple terms, parties and their advisers expect, and indeed require, that disputes involving large sums of money, which by their very nature typically involve more technically and legally complex matters, should be dealt with by those persons with the most experience and knowledge. The situation simply mirrors civil litigation where the jurisdiction of the District Court is limited to $200,000.00 whereas the High Court has no upper limit.
 

 
The Building Disputes Tribunal employs full time Registrars to manage and oversee the Tribunal’s appointment and adjudication services. The Registrars will appoint the most appropriate available adjudicator for any adjudication from the Tribunal’s panels. The Registrars will take into account the amount at issue, the complexity of the matters at issue, the geographical location of the parties and the subject matter of the dispute so far as those factors may be relevant, and any particular requests or requirements of the parties.
 
A nomination will be made, and a notice of acceptance served on the parties by the Tribunal within 24 hours of receipt of a properly completed application form, which may be completed easily and simply online.