Building Disputes Tribunal

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

Looking forward to AMINZ Conference 2026With just one week to go until AMINZ Conference 2026, BDT is looking forward to ...
31/07/2026

Looking forward to AMINZ Conference 2026

With just one week to go until AMINZ Conference 2026, BDT is looking forward to joining dispute resolution professionals from across Aotearoa New Zealand for one of the industry's leading events.

This year's theme, "Delivering dispute resolution services differently in a rapidly changing world," reflects the evolving challenges facing businesses, communities, and individuals. As technology, connectivity, and expectations continue to reshape how we live and work, the demand for accessible, effective, and future-focused international dispute resolution services has never been greater.

We're particularly excited that Catherine Green, Director of The ADR Centre, will be joining a panel of leading practitioners to explore: "How small businesses resolve disputes in an increasingly connected economy facing ever more global challenges."

As part of The ADR Centre Group, BDT looks forward to connecting with industry professionals, sharing insights, and contributing to conversations that help shape the future of dispute resolution in New Zealand’s building and construction sector.

We look forward to seeing many of you there.

BDT How It Works Part 1 | How CCA adjudication works?If you're in a building or construction dispute in New Zealand, adj...
24/07/2026

BDT How It Works Part 1 | How CCA adjudication works?

If you're in a building or construction dispute in New Zealand, adjudication under the Construction Contracts Act is likely your fastest path to resolution. Here's how it works:

1. Serve a Notice of Adjudication (Day 1)
Serve the notice on the other party. This alone can prompt settlement before the process formally begins.

2. Apply to BDT (2-5 working days after Day 1)
Submit your application online. BDT nominates a suitable adjudicator within 2 working days of a valid application. The respondent cannot delay or avoid the process.

3. On payment — Case accepted, formal timeline begins
Pay the required fee or security deposit. BDT issues a Notice of Acceptance, and the formal timeline starts.

4. Submit your claim (1-5 working days after Notice of Acceptance)
Serve your adjudication claim and supporting documents within 5 working days of receiving the notice of acceptance. The respondent has 5 working days to serve their response.

5. Adjudication (2-4 weeks after the response)
The adjudicator reviews all submissions. Further replies may be exchanged. Sometimes, a conference or site visit may follow if needed.

6. Binding determination (~Week 6)
A binding determination is issued. If you are awarded money, the other party must pay within two working days. A determination is binding but not final: either party can challenge it in arbitration or in court. However, any awarded amount must be paid first.

Most disputes are resolved within six weeks of the response being filed.

Myth vs Reality: “Only homeowners need building dispute resolution”A common misconception is that building dispute resol...
17/07/2026

Myth vs Reality: “Only homeowners need building dispute resolution”

A common misconception is that building dispute resolution only applies to homeowners dealing with residential construction issues.

In reality, building and construction disputes can involve a wide range of parties, including contractors, subcontractors, consultants, developers, and commercial property owners. Disagreements can arise on any project, regardless of scale or complexity and whether it is residential, commercial or infrastructure-related.

Dispute resolution processes such as adjudication, mediation, and arbitration are designed to support all participants in the construction sector, not just homeowners. These processes provide structured pathways to resolve issues efficiently, whether they relate to payment, defects, delays, variations, or contractual issues.

Understanding that dispute resolution is relevant across the entire construction ecosystem helps ensure that all parties are aware of their options when issues arise.

It also supports better project outcomes by encouraging earlier engagement with appropriate resolution processes.

Learn more about BDT: https://buildingdisputestribunal.co.nz/expertise/

Celebrating Matariki at BDTThis morning, we joined the rest of teams across The ADR Centre to celebrate Matariki — a tim...
09/07/2026

Celebrating Matariki at BDT

This morning, we joined the rest of teams across The ADR Centre to celebrate Matariki — a time for reflection, connection, and new beginnings here in Aotearoa.

At its heart, Matariki represents whanaungatanga (connection), manaakitanga (hospitality), and the opportunity to remember the past while celebrating the present and looking ahead to the future — values that resonate deeply in how we support one another and the communities we serve.

To honour the occasion, each colleague brought a dish representing their cultural background. From shared flavours to shared stories, it was a beautiful reminder of the diversity that enriches our workplace and the strength that comes from unity.

A highlight of the morning was welcoming the talented daughters and nieces of Allyson Miller from our Family Dispute Resolution Centre. Dressed in traditional attire, their beautiful songs and dances brought the spirit of Matariki to life and created a truly memorable moment for everyone.

Moments like these remind us that meaningful connections — in our workplace and in dispute resolution — are built on understanding, respect, and shared experiences.

Wishing everyone a joyful and meaningful Matariki.

BDT Myth vs Reality: Arbitration awards can be appealed like court judgmentsA common misconception is that arbitration a...
02/07/2026

BDT Myth vs Reality: Arbitration awards can be appealed like court judgments

A common misconception is that arbitration awards operate in the same way as court judgments, with broad rights of appeal available.

In reality, arbitration is designed to provide finality. Once an arbitral tribunal has issued its award, the scope for appeal is very limited and typically confined to specific legal or procedural grounds, rather than a full reconsideration of the dispute.

This is a key feature of arbitration. It provides parties with certainty and closure, avoiding the extended timelines and layered appeal processes often associated with court litigation.

While courts may have a supervisory role in very limited circumstances, arbitration is not intended to function as an ongoing appeal process. Instead, it delivers a binding outcome that parties have agreed will resolve the dispute.

Understanding this distinction is important when choosing arbitration as a dispute resolution pathway, particularly where finality and efficiency are priorities.

Learn more about BDT: https://buildingdisputestribunal.co.nz/

BDT: What to do if you disagree with a variation in a construction projectIn building and construction projects, variati...
26/06/2026

BDT: What to do if you disagree with a variation in a construction project

In building and construction projects, variations are one of the most common causes of dispute. They can arise from changes to scope, design amendments, site instructions, delays, unforeseen conditions, or pricing adjustments during the course of a project.

The first step is to review the contract carefully. Most construction contracts set out specific processes for how variations must be instructed, priced, and documented. Understanding these requirements is essential before taking any further action on site.

If there is disagreement, it is important to raise the issue early and clearly with the other party. Supporting documentation is key in construction disputes, including site instructions, project correspondence, meeting notes, pricing breakdowns, and records of any agreed changes or deviations from scope.

Early engagement often helps narrow the issues and can prevent escalation that may otherwise impact timelines, cost control, and ongoing project delivery.

Where the parties are unable to resolve the issue directly, formal dispute resolution options such as adjudication, mediation, or arbitration may provide structured and efficient pathways to resolution, particularly in construction disputes where time and cash flow are critical.

Understanding your contractual rights and obligations early can help ensure variation disputes are managed effectively and do not disrupt project delivery.

Learn more about BDT: https://buildingdisputestribunal.co.nz/

BDT: Myth vs Reality: Building disputes always end up in courtIt’s a common misconception that construction disputes ine...
19/06/2026

BDT: Myth vs Reality: Building disputes always end up in court

It’s a common misconception that construction disputes inevitably lead to court proceedings. In reality, most disputes in the building and construction sector are resolved without reaching court.

Construction contract disputes – whether residential, commercial or infrastructure projects – can be determined by adjudication under the Construction Contracts Act. Modern dispute resolution pathways offer a range of alternatives, including mediation, expert determination, arbitration and dispute review boards, allowing parties to select a process that suits the nature, urgency, and complexity of the issue.

These options are designed to resolve disputes more efficiently, preserve commercial relationships where possible, and reduce the cost and disruption associated with formal court proceedings. They are also private and confidential, while court proceedings are public.

Court is one option, but it is far from the only one, and often not the most appropriate starting point. Understanding the available pathways early can make a significant difference to outcomes in construction disputes.

Learn more about BDT: https://buildingdisputestribunal.co.nz/

BDT: Right for This Dispute? | Part 3Last week, we explored how different disputes require different resolution pathways...
12/06/2026

BDT: Right for This Dispute? | Part 3

Last week, we explored how different disputes require different resolution pathways. But even the best process becomes more difficult when parties wait too long to plan for disputes in the first place.

In construction projects, unclear contracts and poorly drafted dispute resolution clauses often turn manageable issues into costly and time-consuming disputes. When agreements are silent on process, uncertainty can quickly arise around payment, delays, defects, variations, or responsibility.

Well-drafted dispute resolution clauses help create clarity before problems emerge. They can establish how disputes will be handled, which process will apply, and the steps parties must take before escalation occurs.

This is more than legal drafting, it is practical risk management. Clear dispute planning can reduce delays, preserve commercial relationships, improve leverage, and help parties resolve issues faster and more efficiently when challenges arise.

For principals, contractors, consultants, and subcontractors alike, investing time into dispute planning early can prevent small disagreements from becoming major project disruptions later.

Next week, we’ll look at why early action matters in construction disputes and how delaying resolution can increase cost, pressure, and project risk.

Learn more: https://buildingdisputestribunal.co.nz/is-the-building-dispute-tribunal-right-for-your-dispute/

BDT: Right for This Dispute? | Part 2Last week, we discussed why the first question in a building dispute shouldn't be "...
05/06/2026

BDT: Right for This Dispute? | Part 2

Last week, we discussed why the first question in a building dispute shouldn't be "Who is right?" but rather "What is the smartest way to resolve this?"

The answer often depends on the type of dispute you're dealing with. Different disputes need different tools, and choosing the right process early can make a significant difference cost, time, and project disruption.

When cashflow is the immediate, adjudication under the Construction Contracts Act 2002 is often the most effective pathway. It is designed to deliver fast, enforceable decisions so payment disputes do not bring projects to a standstill.

Where preserving commercial relationships matters, mediation can help parties work toward practical outcomes in a confidential and flexible environment.
For more technical disputes involving workmanship, engineering standards, delays, valuation, or scope, expert determination can place the issue directly before a qualified specialist with industry expertise. And where parties require a final, binding decision with greater flexibility and privacy than court proceedings, arbitration may be the most suitable option.
There is no one-size-fits-all approach in construction disputes. The right pathway depends on the nature of the issue, the urgency involved, and the outcome the parties are trying to achieve.

Next week, we'll look at why early dispute planning and well-drafted dispute resolution clauses can prevent small issues from becoming major disputes.

Learn More: https://buildingdisputestribunal.co.nz/is-the-building-dispute-tribunal-right-for-your-dispute/

Celebrating the King’s Birthday at The ADR CentreTo mark the King’s Birthday, our team came together for a relaxed offic...
29/05/2026

Celebrating the King’s Birthday at The ADR Centre

To mark the King’s Birthday, our team came together for a relaxed office lunch with fish and chips for everyone to enjoy!

The King’s Birthday is a public holiday in New Zealand, celebrating the reigning monarch and giving people a chance to take a break, reflect, and spend time with family, friends, and colleagues. It’s a moment to acknowledge tradition while enjoying the simple pleasures of community and connection.

It was a wonderful opportunity for our team to take a break, share some laughs, and celebrate the occasion together. Small moments like these remind us that taking time to connect makes our workplace stronger and more enjoyable.

Wishing everyone a Happy King’s Birthday!

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

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