Scrutiny of Adjudicator's Determination
The Building Disputes Tribunal is committed to delivering consistent, certain and professional adjudication services of the highest possible standard.
Unless a party takes objection, each determination by an adjudicator is subject to ‘scrutiny’ by one of the Tribunal’s Principal Adjudicators before being given to the parties. Scrutiny of adjudicators’ determinations is a unique and key element of the Tribunal’s adjudication service ensuring that all determinations are of the highest possible standard and are thus less susceptible to correction or challenge in the courts.
This process provides the Tribunal with an effective quality assurance regime, reduces the likelihood of errors requiring correction by adjudicators within the statutory period of two working days after the determination is given to the parties, and provides parties with an additional layer of protection that would not otherwise be available since an adjudicator’s determination regarding payment of money under a construction contract is prima facie binding and enforceable.
Scrutiny of a determination is directed to identifying any errors in computation, clerical or typographical errors, or any errors of a similar nature, and any errors as to form. The Tribunal may also draw the adjudicator’s attention to any points of substance or any internal inconsistencies in the determination without affecting the adjudicator’s independence and autonomy in rendering the determination.
This unique quality assurance mechanism makes the Building Disputes Tribunal’s adjudication service New Zealand’s most reliable adjudication system. There is no additional cost to the parties for this service.