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.

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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.

The Enforceability of Liquidated Damages Clauses

The Enforceability of Liquidated Damages Clauses

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

Building and Construction Under COVID-19 Alert Level 4

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

Class-action lawsuit against Harditex cladding fails

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?

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

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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