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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.

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.

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.

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.

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/

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.

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/

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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