Articles and Papers

Building Disputes Tribunal publishes articles and academic papers prepared by leaders in the construction law industry.

Should you have an article or paper you would like to be considered for publication on this page, please contact the editor at

Construction Contracts Act Papers and Articles

The New Zealand Experience of UNCITRAL Model Law: A review of the position as at 4 Dec 2009
Tómas Kennedy-Grant QC

A Review of the Cases on the Construction Contracts Act 2002 as at 19 July 2012
Tómas Kennedy-Grant QC

A Review of the Cases on the Construction Contracts Act 2002 as at 24 Nov 2009
Tómas Kennedy-Grant QC

Construction Contracts Act Update
Eugene St John & Derek Firth

Judicial Review of Adjudications under the Construction Contracts Act
Mark Colthart

Arbitration Act Papers and Articles

Arbitrators as Employees
Amokura Kawharu and Aparna Jain

Arbitral Jurisdiction
Amokura Kawharu
(Reproduced with the permission of publisher, Thomson Reuters and the editors of the New Zealand Universities Law Review)

The Inquisitorial Process
Derek Firth

An Arbitrator's Perspective Of Construction Disputes and their Causes
Derek Firth

Mediation Related Papers and Articles

Twenty Ways to Sabotage your Mediation
Deborah Clapshaw

International Contributions

The use of Mediation in Construction Disputes: Summary Report of the Final Results
Nicholas Gould

Mediating Construction Disputes: An Evaluation of Existing Practice
Nicholas Gould, Claire King, Philip Britton

Proportionate Liabilty : Some Creaking in the Superstructure
The Hon. Justice David Byrne

Judicial Remedies for Construction Defects: Common Law, Equity or Statute?
Philip Britton

This paper is based on talks to the Society of Construction Law New Zealand in March 2016.

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002