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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.

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/

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/

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!

22/05/2026

BDT: Right for this Dispute? | Part 1

When building projects go wrong, disputes are rarely just about legal rights. More often, they involve stalled projects, unpaid invoices, unclear expectations, defects or delays. Every week a dispute remains unresolved drains time, cashflow , and focus from everyone involved.

The first question isn't "Who is right?", it's "What is the smartest way to resolve this?".

Too often, parties assume the only options are lawyers or court. In reality, many building disputes in New Zealand can be resolved more efficiently through specialist private processes designed for the realities of the sector. The Building Disputes Tribunal offers a range of options tailored to each dispute, including adjudication, mediation, arbitration, expert determination, and hybrid models.

Choosing the right pathway can save months of distraction and significant costs later.

Next week, we'll explore which process might be right depending on your dispute, and why a tailored approach matters.

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

15/05/2026

Signing a building contract is exciting. You're about to build something.

It's also the best time to think about what happens if things don't go to plan — before work starts, before any money changes hands.

Most people don't think about disputes until they're in one. By then, the options can feel limited, expensive, and stressful.

The Building Disputes Tribunal helps homeowners and principals resolve building disputes without going to court. But the easiest time to get them involved is before you sign — when you can set out upfront how any disagreement will be handled.

It takes very little effort at the start and can save a lot of pain at the end.

Find out more: buildingdisputestribunal.co.nz

08/05/2026

When fuel prices spike, who pays?

It's a question New Zealand contractors and principals are facing right now — and the answer depends almost entirely on the contract.

Under NZS 3910, cost escalation provisions are opt-out, and most post-COVID contracts have excluded them. That leaves many contractors in a difficult position: absorbing costs they couldn't have anticipated when they priced the job.

The key things to consider:
• Does your contract include a price escalation or cost fluctuation clause?
• Is the contract lump sum, or cost reimbursable?
• Were any fuel or transport costs recorded as provisional sums?
• Does your contract require early warning notices when costs may materially increase?

Early conversations between contractors and principals — before disputes emerge — are always the better path. But when they're needed, BDT is here.

Learn more: buildingdisputestribunal.co.nz

01/05/2026

This week, our colleagues at NZDRC are attending the 2026 Property Law Conference in Christchurch — and you'll find us there too.

NZDRC and BDT are both part of The ADR Centre, New Zealand's specialist dispute resolution group. While BDT focuses on building and construction disputes, NZDRC brings deep expertise in commercial leasing and property — including a dedicated Commercial Lease Rent Review Arbitration Scheme that offers a fixed fee, a 35 working day turnaround, and a fully document-based process.

If you're at the conference and dealing with disputes on either side of the property spectrum, we'd love to connect.

Learn more: buildingdisputestribunal.co.nz | nzdrc.co.nz

24/04/2026

Today, we took time together to commemorate ANZAC Day, beginning with a minute of silence to pause and reflect.

Our team then came together for a morning tea dedicated to marking this important day. It was a meaningful opportunity to acknowledge the service, sacrifice, and commitment of all those who have served — past and present.

ANZAC Day reminds us of the enduring values of courage, fellowship, and service, and the importance of remembering those who gave so much so we could enjoy the freedoms we have today.

Lest we forget.

17/04/2026

Four Key Tips for Effective Dispute Management | Part 4 of 4 : Keep Programmes Up to Date

An up-to-date programme is a key tool for managing any construction project — but it’s often overlooked.

While many contracts require a programme at the start, it’s not always updated as the project progresses. This can make it harder to manage delays, unforeseeable events, or supply chain issues.

Keeping your programme current helps you:
• Track progress clearly
• Manage delays early
• Maintain visibility across the project
• Reduce the risk of disputes

Even if it’s not required, having a programme is still best practice. For smaller projects, a simple version can work well. For larger projects, engaging a programming expert to update it regularly can be a smart investment.

In many cases, it’s far more cost-effective than trying to recreate what happened later in a dispute.

Learn more about how BDT can assist: https://buildingdisputestribunal.co.nz/

10/04/2026

Four Key Tips for Effective Dispute Management | Part 3 of 4: Communication is King

In construction disputes, what you say matters — but when and how you say it matters just as much.

Poor communication is one of the most common drivers of disputes escalating beyond what they need to. Misaligned expectations, undocumented instructions, and delayed responses don't just create frustration — they create liability.

Here's what effective communication looks like in practice:

1. Document everything. Verbal agreements and informal conversations have a habit of being remembered differently by each party. Put it in writing.

2. Communicate early. Flagging issues before they become disputes saves time, money, and relationships.

3. Keep the tone professional. Disputes are stressful, but inflammatory correspondence rarely helps your position. Clear, measured communication signals competence and good faith.

The paper trail you create today is the evidence you rely on tomorrow.

If a dispute has already escalated, BDT can help. We provide expert adjudication, mediation, and arbitration services for the construction sector.

Learn more: buildingdisputestribunal.co.nz

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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