Low Value Claims - Fixed Fee
Claims involving amounts in dispute less than $50,000.00 including GST
We understand that the cost of having building or construction disputes resolved, or uncertainty about those costs, prevents many people from recovering money that they are properly entitled to be paid under building and construction contracts and reluctant payers often use that situation to their advantage. This is particularly so where the amount in dispute is relatively small by industry standards - claims for less than $50,000.00 including GST – and those payers assume that the payee will take no steps to recover the unpaid amount because the cost and bother of doing so outweighs the benefit.
To redress that situation, the Building Disputes Tribunal provides a fully administered fixed fee adjudication service for Low Value Adjudication Claims (LVC’s) of limited complexity (please note the special conditions that attach to this offer). This service is aimed at providing parties to construction disputes with certainty as to the cost of taking a dispute to adjudication so that parties can make informed and considered commercial decisions as to whether to proceed down the adjudication pathway. This unique service ensures that the cost of having a low value claim resolved by adjudication is not disproportionate to the amount in dispute.
Alternatively, parties are welcome to refer claims for less than $50,000.00 to adjudication under our General Claim Service in which case the adjudicator’s fees and expenses will be calculated according to the time engaged on the duties of the adjudication by the adjudicator together with any expenses incurred by the adjudicator in the execution of those duties.
Security for adjudicator’s fees and expenses
A notice of acceptance of appointment as adjudicator will not be served on the parties to the adjudication by the Tribunal until the parties have paid (in clear funds) into the trust account of the Tribunal the required security for the adjudicator’s fees and expenses.
The adjudication fees (inclusive of GST), being the required security amounts for LVC’s are as follows:
*The number of items at issue that may be dealt with under the fixed price LVC service is strictly limited to three, ie a total number of issues in the claim of three variations, or three items of allegedly defective work, or extension of time for one event and two variations etc.
PLEASE NOTE: FOR CLAIMS IN EXCESS OF $50,000 AND/OR FOR THOSE CLAIMS THAT DO NOT FIT THE CRITERIA FOR LVC's PLEASE SEE INFORMATION ON FEES FOR GENERAL CLAIMS
In the event that a claim or response present undue complexity, or the submissions and evidence submitted in support of the claim exceed the permitted number of documents notwithstanding the low value of the claim or the limited number of matters at issue, the Tribunal may, at its sole discretion, decline to provide the adjudication on a fixed fee basis under the LVC scheme.
In that event, the Tribunal will advise the parties accordingly and the adjudication will simply revert to a General Adjudication and the cost of the adjudication will be determined by the time the adjudicator is required to expend on the duties of the matter, together with any expenses incurred by the adjudicator in the execution of those duties.