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Building Disputes Tribunal

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Building Disputes Tribunal

Resolving building, construction and infrastructure disputes through Adjudication, Mediation, Arbitration, Expert Determination plus more.

08/10/2026

Changes are part of most, if not all, construction projects.

But what seems like a straightforward change on site can become more complicated when the parties have different understandings of what was agreed.

Was the work part of the original scope? Who requested or authorised the change? Was the contractual process followed? How should the additional work be valued? Did the change affect the programme or practical completion date?

Variations are one of the common areas in which building disputes arise, particularly where there is disagreement about whether work falls outside the original scope or what that varied work is worth.

Clear communication and good documentation throughout a project can make it easier to understand what happened if a disagreement develops later.

When a variation does become a dispute, understanding the issue at its centre can also help parties consider an appropriate pathway towards a fast, confidential resolution.

Explore BDT’s building dispute resolution services →
https://buildingdisputestribunal.co.nz/expertise/building-disputes/

04/10/2026

A payment dispute on a construction project isn’t always just about an invoice that hasn’t been paid.

Behind the amount in dispute may be a disagreement about the value of work completed, variations, scope, delays or extension of time, quality of work, contractual obligations or what is actually due.

Understanding what sits behind the payment dispute can be an important first step towards resolving it.

Under the Construction Contracts Act 2002, adjudication provides a statutory process for resolving building and construction disputes, with improving cashflow one of its primary purposes.

For contractors, subcontractors, principals and others involved in a construction project, having a clear, fast pathway to address the issues underlying a payment dispute can help prevent the disagreement from continuing to disrupt the project and the relationship.

Learn more about resolving building and construction disputes →
https://buildingdisputestribunal.co.nz/building-disputes-resolution-overview/

25/09/2026

Resolving the dispute without losing the working relationship

Construction disputes rarely exist in isolation from the project around them.

A contractor and principal may still need to complete the works. A subcontractor may depend on future projects. Consultants, suppliers and project teams may need to keep communicating while the disagreement is addressed.

When preserving a workable relationship matters, mediation can provide a different kind of value.

An independent mediator does not impose a decision. Instead, the mediator helps the parties define the issues, understand different perspectives, explore settlement options and negotiate an outcome they can accept.

Because the process is confidential and flexible, the discussion can address more than strict legal remedies. Parties may consider practical arrangements involving payment, remedial work, revised responsibilities, timing or future communication.

Even when a complete settlement is not reached, mediation can help clarify the real points of disagreement and create a stronger foundation for further negotiation.

Choosing mediation is not about avoiding difficult issues. It is about creating a structured environment in which those issues can be addressed while the parties retain control of the outcome.

In an industry built on connected teams and repeat relationships, how a dispute is resolved can matter long after the immediate project ends.

Learn more →
https://buildingdisputestribunal.co.nz/mediation/

18/09/2026

When the real disagreement is technical, specialist expertise matters

Some construction disputes turn primarily on legal interpretation. Others centre on a technical, qualitative or quantitative question.

Was the specified standard of workmanship achieved? What caused the defect? How should completed work be valued? Does the design satisfy the required performance criteria?

When a focused technical issue sits at the heart of the disagreement, expert determination may offer a proportionate pathway.

The parties agree to refer the disputed matter to an independent person selected for relevant expertise. The process is generally confidential, relatively informal and tailored to the issue requiring determination.

The expert may consider written submissions and supporting material, request additional information or undertake an inspection or site visit where appropriate.

The parties also agree in advance whether the expert’s determination will be binding or non-binding.

Expert determination is not the right answer for every building dispute. But where a specialist question is preventing progress, matching the decision-maker’s expertise to the issue can help concentrate the process on what genuinely needs to be resolved.

Learn more →
https://buildingdisputestribunal.co.nz/expert-determination/

11/09/2026

When statutory adjudication is unavailable, contractual adjudication may offer another route

Adjudication under the Construction Contracts Act 2002 is an important pathway for construction disputes—but not every matter falls within the statutory framework.

That does not necessarily mean the parties must move directly to arbitration or court proceedings.

Where the parties agree, contractual adjudication can provide a structured process under the BDT Adjudication Rules. It may be used when statutory adjudication is unavailable or when the parties have chosen contractual adjudication as the appropriate mechanism for their dispute.

The matter is referred to an independent adjudicator, who considers the parties’ submissions and evidence before issuing a determination. BDT’s process is designed to provide a robust and cost-effective outcome, typically within 35 working days.

Agreement is central. The parties can include an adjudication clause in their contract before any dispute arises or sign an adjudication agreement after a dispute has developed.

This is why dispute-resolution clauses deserve careful attention at the contracting stage. A well-designed clause can provide a practical pathway when the preferred statutory process is not available.

The right process always depends on the contract, the issues and the outcome required. Early advice can help parties understand the options open to them.

Learn more →
https://buildingdisputestribunal.co.nz/contractual-adjudication/apply-for-adjudication/

04/09/2026

Construction contracts usually contain detailed provisions about scope, payment, variations, time and risk. Yet the process for addressing disagreement is sometimes considered only after the relationship has already deteriorated.

By that stage, positions may be entrenched, project teams may be under pressure and every delay can add further cost.

Dispute Review Boards offer a more proactive approach for suitable medium- and long-term projects. Usually established at the beginning of a contract, a board becomes familiar with the project and remains available throughout its delivery.

When concerns emerge, the board can assist informally or provide recommendations or decisions, depending on the parties’ agreement. This can help address issues while the project is still moving, rather than allowing them to accumulate until completion.

The broader lesson applies to projects of every size: dispute-resolution planning is part of sound contract and risk management.

A clear pathway can help parties understand when to raise an issue, who will consider it and how the project can continue while the matter is addressed.

The goal is not to assume that conflict is inevitable. It is to ensure that if disagreement arises, the project already has a practical route towards resolution.

Learn more → https://buildingdisputestribunal.co.nz/process-options/

28/08/2026

BDT How It Works Part 4 | What happens after a BDT determination?

The adjudicator has issued their determination. What happens now?

Payment is due within 2 working days.
Under the Construction Contracts Act, the losing party must pay within two working days of BDT issuing the determination. This is a statutory obligation — not a suggestion.

What if they still don't pay?
The determination can be registered and enforced as a District Court judgment. No need to re-establish the debt through fresh proceedings — the determination carries that weight already. Standard enforcement mechanisms then apply, including debt recovery steps such as seizure of property or garnishment of bank accounts.

What about challenging the determination?
A BDT determination is binding but not final. A party can have the dispute reheard in court or by an arbitral tribunal — but they must pay first .
The ""pay now, argue later"" principle means the determination is enforceable immediately, regardless of any challenge planned (unless the court or arbitral tribunal determines otherwise - but this is rare).
In practice, only a small proportion of determinations are ever challenged. In the overwhelming majority of cases, both parties accept the outcome and move on.

What if there's an error?
Within two working days of receiving the determination, the adjudicator can correct clerical, typographical, or computational errors. BDT's quality review process — covered in Part 3 — is designed to minimise the likelihood of errors reaching this point.

The determination is the resolution. What follows is recovery — not more process.

Learn more at: buildingdisputestribunal.co.nz

21/08/2026

BDT How It Works Part 3 | BDT's quality review process: what happens before a determination lands in your hands

Most parties focus on what happens during an adjudication — the claim, the response, the submissions. Fewer know about what happens just before the determination is issued.

At BDT, every determination goes through a quality review before it reaches the parties — a step that BDT upholds proudly, and one that makes a real difference to the reliability of the outcome.

Once the adjudicator has reached their determination, it is reviewed by one of BDT's quality reviewers before being given to the parties. The reviewer checks for:
• Errors in computation
• Clerical or typographical errors
• Errors of form or similar nature

This isn't a review of the merits. The reviewer doesn't change the outcome. They ensure the determination is accurate and clear, complete and internally consistent, before it becomes binding and enforceable.

Why does it matter?
Under the CCA, once a determination is issued, the unsuccessful party must pay within two working days. An error at that moment — even a minor one — creates uncertainty when clarity matters most. The quality review process is designed to eliminateeliminates that risk before it arises.

The cost? Nothing. There is no additional charge to the parties for this service.

It's part of what makes BDT one of New Zealand's most reliable adjudication systems — built on 30+ years and 1000+ adjudications.

14/08/2026

BDT How It Works Part 2 | The other party won't engage. Can you still get a BDT determination?

It's one of the most common frustrations in a building or construction dispute. You've raised the issue. You've followed up. The other party has gone quiet — or is actively avoiding you.

Here's what most people don't realise: under CCA adjudication, you can still proceed to a determination.

The other party cannot delay, avoid, or block the process. Once you've served a Notice of Adjudication, applied to BDT and paid the required security, the process moves forward — with or without them.
• No agreement needed to appoint an adjudicator. BDT is authorised by the Minister under the CCA to appoint adjudicators. The claimant applies, BDT appoints once security is paid.
• No participation needed from the other side. If the respondent doesn't file a response within five working days, the adjudicator proceeds on your submissions and the available evidence.
• They're bound by the outcome regardless. The determination is binding and enforceable on both parties — whether or not they engaged in the process.
• Still won't pay? The determination can be registered and enforced as a District Court judgment.

Silence is not a defence. Avoidance is not an option. If the other party has gone quiet, that doesn't mean you've run out of options. It may mean that CCA adjudication is exactly the right next step.

Learn more: https://buildingdisputestribunal.co.nz/building-disputes-resolution-overview/

07/08/2026

What an inspiring day at the AMINZ Conference 2026 so far.

We’ve already had the opportunity to connect with industry leaders, practitioners, and members of the dispute resolution community, engaging in meaningful conversations about the future of our profession.

From the impact of technology and globalisation to cultural complexity, evolving client expectations, and the changing role of dispute resolution professionals, today’s discussions are highlighting the importance of adapting and innovating in an increasingly complex world.

As part of The ADR Centre group, BDT is proud to be part of these conversations and to continue exploring how we can deliver dispute resolution services in ways that meet the changing needs of our communities.

We look forward to more insightful discussions, new connections, and shared learning throughout the rest of the conference.

If you’re attending AMINZ Conference 2026, come and say hello at The ADR Centre stand. We’d love to connect with you.

Address

C//The ADR Centre, Level 2, 129 Hurstmere Road
Auckland
0622

Opening Hours

Monday	8:30am - 5pm
Tuesday	8:30am - 5pm
Wednesday	8:30am - 5pm
Thursday	8:30am - 5pm
Friday	8:30am - 5pm

Website

http://www.buildingdisputestribunal.co.nz/

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