18 August 2021 | IMPORTANT NOTICE

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In line with Ministry of Health guidance, our staff are currently working remotely. They remain available to assist and it is business as usual. However, we ask that wherever possible you contact us online or by email to registrar@buildingdisputestribunal.co.nz.

If you need to courier documents, please contact our Registry staff in the first instance to confirm the appropriate delivery details.

He waka eke noa.

Adjudication: calculating time over the Christmas period

by | Dec 19, 2018 | Building

Adjudication: calculating time over the Christmas period

Are you involved in an adjudication which is current over the Christmas period?

Just a reminder that the non-working days under the Construction Contracts Act 2002 run from 24 December 2018 to 5 January 2019 inclusive. This means tomorrow, Friday 21 December 2018 is the last working day this year with time recommencing on Monday, 7 January 2019.*

Our office will also close this Friday and reopen on 7 January 2019. 

Wishing you all a happy holiday season from the team at Building Disputes Tribunal.

*the non-working days extend until the close of 15 January 2019 for any processes under sections 71B, 74 or 75 of the Act. This covers procedures for seeking review of a determination in the District Court, the time for opposing entry of a judgment in the District Court, and the time a determination will be entered as a judgment if the defendant takes no steps.

Leaky Home Case: Failure to obtain a building report results in reduction of damages for contributory negligence

by | 01/11/2021 | Adjudication, Building, BuildLaw, Construction, Contract law, Payment claims | 0 Comments

By Melt Strydom. Apportionment for contributory negligence allows a court to share the responsibility between parties in circumstances where the test for causation and remoteness of damage justifies it. It doesn’t mean a respondent will not be held liable for...
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Do payment claims for retention money ‘fit’ with the standard terms of contract in New Zealand?

by | 29/10/2021 | Adjudication, Building, Construction, Contract law, Payment claims | 0 Comments

By Maria Cole The New Zealand Construction Contracts Act 2002 (CCA) does not explicitly state that payment claims can be used to recover retention money. That said, it is clear the 2015 amendments to the definition of a ‘payment’ under the CCA are broad enough to...
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Resolving Construction Disputes – Is Adjudication a Good Option?

by | 21/10/2021 | Adjudication, Building, Construction, Contract law, Initiating Adjudication | 0 Comments

By Natalia Vila.   With few exceptions, the Construction Contracts Act 2002 (the Act) applies to every construction contract relating to construction work carried out in New Zealand. Statutory adjudication under the Act is the most commonly used dispute...
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Cost certainty for resolving building and construction disputes: Extension to the BDT Adjudication Low Value Claim Scheme

by | 16/09/2021 | Adjudication, Building, Construction, Payment claims | 0 Comments

By Belinda Green.   One of the main barriers to dispute resolution is cost: no one wants to risk spending more than the amount they recover. With inflation and construction costs always on the rise, BDT is extending its Low Value Claim (LVC) Scheme for...
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Construction Contracts – Enforcement of Debts Due and Mandatory Alternative Dispute Resolution Clauses

by | 03/09/2021 | Adjudication, Arbitration, Building, Construction, Contract law, Payment claims | 0 Comments

By Melissa Perkin. The recent High Court decision in Hellaby Resources Services Limited v Body Corporate 197281 [2021] NZHC 554 is of particular interest in the construction sector for several key reasons: it is a rare example where a stay of enforcement of summary...
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The Enforceability of Liquidated Damages Clauses

by | 25/08/2021 | Adjudication, Building, Construction, Contract law, Payment claims | 0 Comments

Author: Melissa Perkin  Liquidated damages clauses, a common feature of construction contracts, stipulate the amount of money payable as damages for loss caused by a breach of contract, irrespective of the actual loss suffered. A recent United Kingdom decision of the...
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Building and Construction Under COVID-19 Alert Level 4

by | 18/08/2021 | Adjudication, Building, Construction | 0 Comments

For information and guidance on what building and construction work can be done at Alert Level 4: ·       Health and Safety protocols at different alert levels, visit CHASNZ COVID-19 and working at the current alert level (chasnz.org); and ·       COVID-19 guidance...
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Class-action lawsuit against Harditex cladding fails

by | 13/08/2021 | Adjudication, Building, Case Law, Construction, Contract law, Payment claims | 0 Comments

By Melissa Perkin.  A second class-action lawsuit[1] brought by a group of 144 homeowners whose homes were clad in Harditex fibre-cement cladding, has failed. The homeowners alleged that Harditex manufacturer James Hardie, between 1987 – 2005, knowingly sold defective...
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What types of disputes can be referred to adjudication?

by | 17/07/2021 | Adjudication, Building, Construction, Contract law, Payment claims | 0 Comments

The types of dispute that can be referred to adjudication are listed below:  Default liability claim These are claims for technical non-compliance with the payment regime under the Act. Where a valid payment claim has been served by a payee on a payer and the payer...
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Proposed Changes to the Construction Retentions Regime

by | 07/07/2021 | Adjudication, Building, BuildLaw, Payment claims | 0 Comments

Author: Hannah Stanley, Building Disputes Tribunal Registrar Despite the introduction of the retentions regime into the Construction Contracts Act 2002 (the Act) in 2017[1], many subcontractor retentions have still been left unprotected and various gaps in the...
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