Adjudication is now the most commonly used dispute resolution process in New Zealand for resolving building and construction disputes, offering a unique, fast and relatively straightforward statutory process for resolving disputes that arise under construction contracts.
For more information on the Adjudication process please see the relevant sections in the menu on the left and if you have any questions once you've read through the information please feel free to contact our team for clarification.
NB: The period from 24 December to 5 January is considered as non working days for the purpose of Adjudication.
Adjudication - What is it?
Adjudication is a unique fast track statutory dispute resolution process for resolving building and construction disputes under the Act. It is the most commonly used dispute resolution process for resolving such disputes.
Adjudication is quick and cost effective. Most disputes are resolved in less than six weeks from the time the process is initiated.
The Act applies with very few exceptions to every construction contract that relates to the carrying out of construction work in New Zealand. Any party who has a dispute or difference with any other party to that contract can refer that dispute to adjudication.
A claimant (the party referring a dispute to adjudication) may secure the appointment of a BDT adjudicator within 24 hours of making an application. A claimant does not require the agreement of the respondent to apply to the BDT for the appointment of an adjudicator. The respondent cannot delay, avoid or avert the adjudication process.
For more introductory information regarding adjudication, please see our briefing Adjudication – a brief introduction.
For more detailed information on the adjudication process, please see the relevant sections in the menu on the left.
Why use the Building Disputes Tribunal (BDT) for Adjudication?
BDT has over 25 years’ experience delivering specialist fully administered end-to-end dispute resolution services to the building and construction industry.
BDT is a private ‘Registry’ and has appointed adjudicators and administered adjudication proceedings in more than 700 adjudication cases under the Construction Contracts Act 2002.
For the past eight years, BDT adjudicators have adjudicated approximately 85% of all building disputes referred to adjudication each year in New Zealand.
BDT’s adjudicators are selected to join BDT’s panels of adjudicators by invitation only. They are highly trained, skilled, experienced and knowledgeable in construction law and practice and are respected and recognised as leaders in construction dispute resolution in New Zealand and internationally.
BDT has adjudicators, arbitrators, experts, evaluators, facilitators and mediators based in New Zealand, Australia, the UK and other countries around the globe so as to provide the broadest base of expertise, experience, independence and impartiality.
Unless a party takes objection, each determination by a BDT adjudicator is subject to ‘scrutiny’ by one of BDT’s Principal Adjudicators before being given to the parties. This unique quality assurance mechanism makes BDT’s adjudication service New Zealand’s most reliable adjudication system.
BDT’s experienced Registrars provide a highly efficient, comprehensive and professional end-to-end case management and administration service. The Registrars help parties and their advisers understand the adjudication process and oversee and administer the adjudication process from the appointment of the adjudicator to delivery of the determination. This highly efficient registry service ensures certainty, consistency and quality in the delivery of BDT’s adjudication service.
Important and unique features of BDT’s ANA and adjudication service include:
free valid notice of adjudication template;
free 24 hour appointment service;
convenient online application forms;
highly skilled, experienced and respected adjudicators;
peer review of all determinations;
fixed fee services for low value claims (claims under $50K subject to conditions);
service overseen by BDT’s Director and Chief Adjudicator.
An important and significant feature of BDT’s ANA and adjudication service is that, if a dispute arises under a construction contract, a claimant may secure the appointment of a BDT adjudicator within 24 hours of making an application and the respondent cannot delay, avoid or avert the adjudication process and will be bound by the outcome whether or not the respondent participates in the process.
BDT is committed to resolving building and construction disputes fairly, promptly and cost effectively.
Ready to apply for Adjudication?
If you have served a Notice of Adjudication (served on the other party or parties to the construction contract and where appropriate, for the purpose of the adjudication, on the owner of the construction site), and you are ready to have your building dispute resolved at the Building Disputes Tribunal, simply fill in our online application form.
If you have any questions please contact us on (09) 486 7143 or at email@example.com. Alternatively, send us your request for more information by clicking here.
Subscribe to BuildLaw to receive the latest updates on rulings
and legislation in Construction Law.
An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002