Adjudication and contract disputes

Construction disputes are rarely simple. They demand legal insight that matches the technical complexity of the contracts and the commercial realities behind them. We are trusted by developers, contractors, consultants, and property owners across the South Island and beyond to navigate—and win—high-stakes disputes under NZS contracts, bespoke agreements, and everything in between.

Our lawyers are deeply experienced with the process of adjudication.  We have acted on payment claim disputes, delay claims, extension of time claims, challenging engineer to contract, and claims for damages.

Adjudication under the Construction Contracts Act 2002 is a relatively unique interim dispute resolution mechanism that applies solely to disputes that arise under construction contracts.  It is intended to be quick and cost effective in a manner that promotes that imperative of cashflow.  An adjudication is determined on the papers by an adjudicator.

It is not possible to contract out of the right to refer disputes to adjudication.  However, adjudication is only interim and it is common to have adjudication and other dispute resolution processes running in tandem.  For most disputes, however, adjudication is final from a practical perspective.

The kinds of disputes that can arise are multifaceted but can include interpretation, payment claims, defects, time-related claims, variations, design issues and claims for damages.

We understand the process, the adjudicators, and the timeframes involved.