Adjudication

A fast-track dispute resolution process for construction contracts

Adjudication is often used as an efficient way to resolve invoice and payment disputes during or after a building project.

Under the Construction Contracts Act 2002, you can refer a dispute to be determined by an adjudicator. Fair Way is an Authorised Nominating Authority that can appoint an adjudicator to decide on your construction dispute. An adjudicator’s determination is normally available within 6 to 8 weeks, is binding on the parties, and can be enforced in the courts.

How it works

  • Get in touch

    Tell us about your situation and find out how we can help.

    Phone: 0800 77 44 02

    Email: build-disputes@fairwayresolution.com

    Online: webform

    Fair Way guides you through the process of:

    • making a claim
    • engaging the other party
    • appointing an adjudicator.
    Get in touch Process
  • Case conference (if required)

    If necessary, a case conference will be arranged with the adjudicator to:

    • define the issues
    • agree next steps
    • establish a timeframe.
    Meeting
  • Adjudication

    All the parties involved provide:

    • information
    • evidence
    • submissions.

    The adjudicator may arrange for a hearing for you all to discuss these materials, or they can make their decision ‘on the papers’, so based on the information provided. The full process usually takes less than 40 working days.

    Adjudication Arbitration Review

Adjudication with Fair Way

  • Why use Fair Way?

    Fair Way are experts in dispute resolution. We have a team of professionals across Aotearoa New Zealand who can help you navigate building disputes and the challenging conversations needed so you can move forward.

    We offer a fast and independent service so you can resolve disputes quickly and move on.

  • How does it work?

    Adjudication is a good choice if you need someone independent to make a decision. 

    An adjudicator is a trained expert who weighs up all the evidence in a dispute and makes a legally binding decision on the matter.

    Fair Way offers an end-to-end adjudication service. We appoint an experienced adjudicator to decide on your matter, and we manage the process throughout.

  • How much does it cost?

    When you get in touch, we discuss your situation, the process and likely costs. Depending on your circumstances, we may recommend an hourly rate based on the time required, or a fixed fee for a set process.

    One party may offer to cover the dispute resolution costs, or the costs can be shared between the parties.

  • How long is it?

    The full process, from initial contact to final decision, usually takes less than 40 working days.

  • Who can adjudicate?

    Our team of adjudicators are experienced in building matters and accredited by a professional body, such as the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ), the Resolution Institute or the NZ Law Society. Many also have legal qualifications.

    Depending on your needs and situation, we can make recommend the best fit for you.

  • What are the benefits?

    Options – you choose your own adjudicator by agreement, or Fair Way appoints someone for you under the Construction Contracts Act 2002.

    Quick – it usually takes around a week to get everything arranged, and the final decision is issued within 6 to 8 weeks.

    Cost effective – adjudication is significantly cheaper than involving lawyers or court proceedings.

    Choice – you can choose the time, date and venue for your meeting (if required), or the adjudicator makes their decision ‘on the papers’, with no need for a meeting.

    Privacy – all matters discussed are confidential and remain private.