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/