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Before proceeding, the parties will need to agree to mediate using the BDT Mediation Rules. This can be done in one of two ways:

  • there may be a clause in the contract under which the parties’ dispute has arisen which states that the parties have agreed to mediate under the BDT Mediation Rules, for example:

Any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, shall be referred to mediation in accordance with the Mediation Rules of the Building Disputes Tribunal.

or

  • parties to an existing dispute, whether or not there is a mediation clause in any underlying contract, may agree to refer that dispute to Mediation under the Mediation Rules of the Building Disputes Tribunal by signing the Mediation Agreement at Appendix 2 to the BDT Mediation Rules.

NOTE: if a party is relying on the Mediation Agreement found in a clause in the underlying contract, they will need to serve a Notice of Mediation on the other party or parties to the dispute prior to applying for Mediation. This is not required where the parties have signed the BDT Mediation Agreement.

What types of disputes can be referred to adjudication?

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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Overhaul of Resource Management System

By Belinda Green.   “Urban areas are struggling to keep pace with population growth and the need for affordable housing. Water quality is deteriorating, biodiversity is diminishing and there is an urgent need to reduce carbon emissions and adapt to climate...

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High-Risk Cladding Banned In Multiple Jurisdictions

By Nashi Ali. Following numerous high-rise tragedies across the globe, cladding panels constructed from aluminium composite and polyethylene have been deemed “high risk” and have subsequently been banned in a bid to reduce the risk of fire spread in high-rise...

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Construction Disputes – Are they on the rise?

Construction Disputes – Are they on the rise?

A survey of construction industry members by Russell McVeagh has revealed that almost 61 percent of respondents are predicting an increase in the number of disputes. Some causes of a rise are within parties’ control, such as relationships, risk allocation and contract...

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