Building Disputes Tribunal Panel

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.

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 that presents in adjudication just as it does in any other dispute resolution forum i.e. the courts.

The Tribunal’s Principal Adjudicators are unquestionably 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 $4M involving numerous complex factual and legal issues.

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.

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.

Building Disputes Tribunal employs a full time legally trained and qualified construction lawyer in the role of Registrar to manage and oversee the Tribunal’s appointment and adjudication services. The Registrar will appoint the most appropriate available adjudicator for any adjudication from its panels. The Registrar 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.

The Building Disputes Tribunal is committed to delivering consistent, professional adjudication services of the highest possible standard.

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.

Unless a party takes objection, each determination made by any Building Disputes Tribunal Adjudicator is subject to scrutiny as to form by a Principal Adjudicator before it is given to the parties.

Scrutiny as to form is a key element ensuring that adjudicator’s determinations are of the highest possible standard and 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 within the statutory period of 2 working days after the determination is given to the parties, and provides an additional layer of protection that would not otherwise be available since an adjudicator’s determination regarding the payment of money under a construction contract is prima facie binding and enforceable. Scrutiny of a determination as to form is directed to identifying any errors in computation or any clerical or typographical errors, or any errors as to form or any errors of a similar nature. The adjudicator’s independence in rendering the determination is not affected by the process and the determination of any points of substance or the matters at issue is, and remains at all times, the sole preserve and responsibility of the appointed adjudicator.

This unique quality assurance regime makes adjudication by Building Disputes Tribunal the country’s most reliable adjudication service.

The professional standards that the Tribunal sets and requires of its adjudicators are undeniably and unashamedly the highest of any nominating body in New Zealand. Places on the Tribunal’s panels are strictly limited to those individuals who have the necessary knowledge and training and who have demonstrated proven ability to perform consistently to those exacting standards.

Therefore, appointments are generally by invitation only and are renewable annually in any event. However, if you believe you have the appropriate skills and experience and would like to become a member of the most respected specialist building and construction industry dispute resolution service provider in New Zealand, we would welcome your enquiry.

 

Applications should be addressed to the Registrar in the first instance and should contain a letter of introduction setting out: your industry and/or legal experience; your educational qualifications; your knowledge and practical experience of adjudication and/or the provision of alternative means of dispute resolution; your academic record including copies of all relevant trade and/or professional examinations completed; details of membership of professional or occupational institutions; your current curriculum vitae; and copies of your last three determinations.