Important COVID-19 Update

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These are certainly challenging times for us all.

We are committed to doing everything we can to prioritise the wellbeing of our people, those who use our services and their representatives and the communities we serve to help contain the spread of COVID-19. Following the Prime Minister’s announcement on Saturday, our people will begin working remotely from today, Monday 23 March.

Having well developed online dispute resolution options, it will in many ways be business as usual for us as we focus on providing a seamless service, regardless of where our Registry staff, adjudicators, arbitrators and mediators are working.

We know you are working through similar challenges to ours and that these are uncertain times for everyone. From all of us here we send our thoughts to you, your teams and families.

If you have any questions, please do not hesitate to get in touch. Please let us know if we can be of further assistance to you and we will keep you informed with any further updates.

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Want to apply for Adjudication?

 

Important information

Below you will find some important information you need to know before applying for adjudication. Please take a minute to read through this page carefully before making your application.

The Notice of Adjudication

The first step in the process is to serve a Notice of Adjudication on the other party or parties to the dispute – these will be the other parties to the construction contract under which the dispute has arisen.

You may also choose to serve the Notice of Adjudication on the owner of the construction site where the owner is not a party to the construction contract and you wish to seek a determination of that owner’s liability under section 30(a) and/or approval for the issue of a charging order under section 30(b).

Applying to the Building Disputes Tribunal

The Building Disputes Tribunal (BDT) is an authorised nominating authority (ANA) under the Construction Contracts Act 2002 (the Act).

Any party to a dispute arising under a construction contract is entitled to apply to us for the appointment of an adjudicator. There is no requirement to try to agree on the identity of the adjudicator with the other party (although of course you are also entitled to do so). Instead, you can apply directly to BDT and we will appoint an appropriately skilled and experienced adjudicator for your case typically within one working day. BDT does not charge the parties a fee to make that appointment.

PLEASE NOTE: an application for appointment of an adjudicator must be made in the period between and including two to five working days after the notice of adjudication is served on the other parties to the adjudication (ie barring the occurrence of any statutory non-working days – if the notice is served on a Monday you cannot make your application to BDT until the Wednesday, Thursday or Friday of that week or the Monday of the following week – if the notice is served on a Friday you cannot make your application to BDT until the following Tuesday, Wednesday, Thursday or Friday).

 

Initiating Adjudication: The Notice of Adjudication

Initiating Adjudication: The Notice of Adjudication

Initiating Adjudication: Back to Basics   Part One: The Notice of Adjudication The preparation of the Notice of Adjudication is arguably the most important step in the Adjudication process under the Construction Contracts Act (the Act). It is that document...

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Initiating Adjudication: Appointing an Adjudicator

Initiating Adjudication: Appointing an Adjudicator

Initiating Adjudication: Back to Basics Part Three: Appointing an Adjudicator Following on from Part Two of our three-part series on initiating adjudication, in this note we briefly look at how to appoint an adjudicator under the Construction Contracts Act (the Act)....

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