Building and construction disputes

Construction dispute adjudication

Under the Construction Contracts Act 2002, you can refer a dispute to be determined by an adjudicator. FairWay is an Authorised Nominating Authority (appointed by the Minister of Building and Housing) to appoint appropriately qualified, trained and impartial adjudicators to determine construction disputes.

Adjudication is a fast-track dispute resolution process for construction contracts under the Construction Contracts Act 2002 (the CCA). The purpose of the CCA is to facilitate regular and timely payments, to provide for speedy and cost-effective dispute resolution, and to provide remedies for recovery of payments.

An adjudicator’s determination is normally available within 6-8 weeks, is binding on the parties, and may be enforced in the courts.

About this service

FairWay offers an end-to-end adjudication service when requested. We select and nominate a suitably qualified adjudicator to determine your dispute. We also manage the process from appointment to release of the adjudicator’s determination ensuring that deadlines are met, communication is clear, and all aspects of the service meet strict quality standards.

Adjudicators on our panel are hand-picked and meet strict criteria. All adjudicators have relevant legal or construction-related technical tertiary qualifications and more than five years’ experience in construction dispute resolution.

How the process works

Following are key steps in the FairWay adjudication process. FairWay ensures that each step is completed within time.

Step 1

Complete and serve a Notice of Adjudication

The party initiating the adjudication process completes the Notice of Adjudication setting out the grounds for the dispute and details of the parties. The completed notice is served on the other party to the dispute.  

Step 2

(+2 to 5 working days)

Request adjudicator to act

If the parties have not agreed on an adjudicator, the party initiating the adjudication contacts FairWay to select an adjudicator and arranges payment of fee security to confirm their appointment.

Step 3

(usually within 2 working days)

Confirm appointment of adjudicator

FairWay confirms that the adjudicator is willingly and available to act and is free from conflict of interest.

Step 4

(+5 working days)

Submit adjudication claim

The claimant prepares a claim that sets out their case and the evidence for the adjudicator to consider. The claimant serves the documents on the adjudicator and the respondent.

Step 5

(+5 working days)

Adjudication response

The respondent prepares a response to the claimant’s claim, including evidence, and serves it on the adjudicator and the claimant. The period may be extended by the adjudicator or by party agreement.

Step 6

(+20 working days)

Prepare and issue determination

The adjudicator may decide to call a conference or conduct investigations in addition to considering the written claim and response. The claimant may submit a reply, and the respondent may have an opportunity for rejoinder.

The adjudicator issues a written determination clearly setting out his or her reasoning. This period may be extended under some circumstances.  

The cost

The fee for adjudication is based on the selected adjudicator’s hourly rate for all time spent, plus expenses such as travel or expert fees. We will notify you of the fee security amount and the adjudicator’s hourly rate will be set out in the Notice of Acceptance. Parties pay their own costs and expenses unless the adjudicator determines otherwise.

Where to start

If you have already served a Notice of Adjudication on the other party and you and the other party have not agreed on an adjudicator, please complete the Application to Nominate an Adjudicator form and email it to build-disputes@fairwayresolution.com or call us on 0800 744 402 and we can guide you through the application process. Note that FairWay can nominate an adjudicator only when requested within the period of two to five working days after the Notice of Adjudication has been served.

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