Important COVID-19 Update

x

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.

TIME PERIODS FOR ADJUDICATION UNDER THE ACT

Time Periods for Adjudication under the Act

Below is an outline of the time periods for adjudication in working days.

Please Note: While several procedural steps have no fixed time limits, in practice many of the steps are completed much quicker than contemplated or permitted under the Act.

FOR EXAMPLE – steps 1 – 4 could all occur within 48 hours – (two working days rather than 12):

ie a claimant may serve the notice of adjudication on day one and apply to the Building Disputes Tribunal to nominate an adjudicator on the second working day after service of the notice, the adjudicator may then immediately confirm his or her willingness and ability to act as adjudicator and serve a notice of acceptance on the parties, and the claimant may then immediately serve its adjudication claim, all on the second working day following service of the notice of adjudication. 

 

WORKING DAYS

ADJUDICATION TIME PERIODS

Day 0

Claimant serves notice of adjudication on respondent.

Day 5

Parties may agree on adjudicator within five working days unless parties agree to extend period) or the claimant may apply to the Building Disputes Tribunal, as an authorised nominating authority, to nominate an adjudicator between two and five days after service of notice of adjudication.

Day 7

Person requested to act as adjudicator must within two working days of receipt of the request or nomination indicate his or her willingness to act. If willing and able to act he or she must then serve a notice of acceptance on the parties (there is no time limit on the period for service of the notice of acceptance, but assume notice of willingness and notice of acceptance will be served together).

Day 12

Claimant must refer the dispute in writing to the adjudicator within five working days of the notice of acceptance (the Claim).

Day 17

Respondent may serve a written response to the adjudication claim on the adjudicator within five working days of receipt of the adjudication claim (unless the parties agree or the adjudicator allows further time) and on every other party to the adjudication either immediately before or after they are served on the adjudicator – (no time limit on period parties may agree or adjudicator may allow).

Day 22

Claimant may serve a reply to respondent’s response to the adjudication claim on the adjudicator within five working days after receipt of the response, and on every other party to the adjudication either immediately before or after they are served on the adjudicator.

Day 24

Respondent may apply for and be granted the right to serve a rejoinder to the claimant’s reply within two working days after receipt of the reply.

Day 37

Adjudicator determines the dispute within 20 working days of receipt of the response to the adjudication claim (but can extend time to 30 working days – or longer with the consent of the parties).

 

Day 39

Parties may notify the adjudicator of any corrections required in the determination and the adjudication must make any such corrections within two working days of the determination being issued. Note that it is not possible for a determination to be corrected after those two working days have expired.

Day 40

If the claim was successful and the respondent has not paid the whole of any amount it has been determined liable to pay the claimant, the claimant may serve a notice of intention to suspend work, apply to the District Court to have the determination enforced by entry as a judgment, apply to recover the unpaid amount from the party liable to make payment as debt due, and apply for a charging order against the construction site if approval was granted by the adjudicator.

Day 44

Claimant can suspend work if after five working days the respondent has not complied with the adjudicator’s determination.

OTHER BRIEFINGS YOU MAY BE INTERESTED IN