Adjudication

Construction Dispute Services

Introduction Adjudication Arbitration FAQ Contact Request

ADJUDICATION

Adjudication is a quick private and confidential way to resolve your construction disputes.

You can use adjudication to get a decision on any building dispute, however only disputes regarding money are legally binding.

Adjudication facilitates fast resolutions to your construction problems.

Once you have contacted me I will be able to confirm my availability to resolve your dispute within 2 days, from then the process is fast tracked and you can have a legally binding determination within 30 working days of my appointment.

Before you enter into an adjudication, it is necessary to understand the process involved, on request I have an information pack on Adjudication that can be sent to any interested party, or for a quicker understanding view the FAQ page.

The process is easy and either party to the dispute can instigate it, the foloowing is a very basic guideline to the process, for more information go to the FAQ page.

The parties agree that they wish me to be the adjudicator in their dispute. My CV is available to facilitate this process.
The parties contact me and within 2 days I will confirm my availability to act, following which my appointment can be agreed and confirmed.
Once my appointment has been confirmed, the party starting the dispute process (the claimant) makes their submission to myself and the other party (the respondent) within 5 working days of my appointment being confirmed. This submission should detail what the dispute is about, the amount owed, and the reasons the claimant believes their case is correct. ( Please not that there is no provision for extending this 5 day period)
The respondent then has 5 working days to issue their submission.(Please note that I am able to extend this period if circumstances require it) The respondents submission should state their reasons behind the dispute.
After the 5 working day period has expired I will issue my determination within 20 working days. My determination will be based on the information provided in the submissions.( Please note that I am able to extend this period by a further 10 days or longer if both parties agree). if the dispute is about money then my determionation is legally binding on the parties.

Adjudication is available to anyone who has entered into a construction contract that complies with the Construction Contracts Act 2002 (CCA). The CCA has 3 main aims:

To enable regular payments between parties to a construction contract.

To provide a simple and quick dispute resolution procedure - Adjudication.

To provide remedies for the recovery of money due under a construction contract.

Whilst Adjudication gives a legally binding determination, it is not final and the parties can if they wish take the matter further, either through the courts or Arbitration. However Adjudication does give a decision that is binding that can be taken to the courts to be enforced.

It is a quick and effective way of ensuring cash flow and determining the validity of claims, variations and final accounts.

For more information visit the section for frequently asked questions on adjudication, or contact me on 027 222 0219

PERSONAL PROFILE

Allan Barclay, Bsc, GDipStud, FAMINZ(arb), MRICS, MNZIQS

Allan has 20 years experience in the construction industry. He graduated with a Bachelor of Science in Quantity Surveying from Robert Gordon University, Aberdeen and has recently completed a Graduate Diploma in Business Studies (Dispute Resolution) at Massey University. He was awarded the Brookers Thomson prize for Arbitration and the AMINZ Gold Medal for top graduating student.

Allan is a Chartered Quantity Surveyor and also a Fellow of the Arbitrators & Mediators Institute of New Zealand, the Royal Institute of Quantity Surveyors and the New Zealand Institute of Quantity Surveyors.

He has experience in all types of construction here in New Zealand, the UK and Internationally.

Contact : 027 222 0219

email: admin@constructiondisputeservices.co.nz

Construction Dispute Services offers a cost effective alternative to the courts system

Construction Dispute Services Introduction Adjudication Arbitration FAQ Contact Request

	ADJUDICATION Adjudication is a quick private and confidential way to resolve your construction disputes. You can use adjudication to get a decision on any building dispute, however only disputes regarding money are legally binding. Adjudication facilitates fast resolutions to your construction problems. Once you have contacted me I will be able to confirm my availability to resolve your dispute within 2 days, from then the process is fast tracked and you can have a legally binding determination within 30 working days of my appointment. Before you enter into an adjudication, it is necessary to understand the process involved, on request I have an information pack on Adjudication that can be sent to any interested party, or for a quicker understanding view the FAQ page. The process is easy and either party to the dispute can instigate it, the foloowing is a very basic guideline to the process, for more information go to the FAQ page. The parties agree that they wish me to be the adjudicator in their dispute. My CV is available to facilitate this process. The parties contact me and within 2 days I will confirm my availability to act, following which my appointment can be agreed and confirmed. Once my appointment has been confirmed, the party starting the dispute process (the claimant) makes their submission to myself and the other party (the respondent) within 5 working days of my appointment being confirmed. This submission should detail what the dispute is about, the amount owed, and the reasons the claimant believes their case is correct. ( Please not that there is no provision for extending this 5 day period) The respondent then has 5 working days to issue their submission.(Please note that I am able to extend this period if circumstances require it) The respondents submission should state their reasons behind the dispute. After the 5 working day period has expired I will issue my determination within 20 working days. My determination will be based on the information provided in the submissions.( Please note that I am able to extend this period by a further 10 days or longer if both parties agree). if the dispute is about money then my determionation is legally binding on the parties. Adjudication is available to anyone who has entered into a construction contract that complies with the Construction Contracts Act 2002 (CCA). The CCA has 3 main aims: To enable regular payments between parties to a construction contract. To provide a simple and quick dispute resolution procedure - Adjudication. To provide remedies for the recovery of money due under a construction contract. Whilst Adjudication gives a legally binding determination, it is not final and the parties can if they wish take the matter further, either through the courts or Arbitration. However Adjudication does give a decision that is binding that can be taken to the courts to be enforced. It is a quick and effective way of ensuring cash flow and determining the validity of claims, variations and final accounts. For more information visit the section for frequently asked questions on adjudication, or contact me on 027 222 0219	PERSONAL PROFILE Allan Barclay, Bsc, GDipStud, FAMINZ(arb), MRICS, MNZIQS Allan has 20 years experience in the construction industry. He graduated with a Bachelor of Science in Quantity Surveying from Robert Gordon University, Aberdeen and has recently completed a Graduate Diploma in Business Studies (Dispute Resolution) at Massey University. He was awarded the Brookers Thomson prize for Arbitration and the AMINZ Gold Medal for top graduating student. Allan is a Chartered Quantity Surveyor and also a Fellow of the Arbitrators & Mediators Institute of New Zealand, the Royal Institute of Quantity Surveyors and the New Zealand Institute of Quantity Surveyors. He has experience in all types of construction here in New Zealand, the UK and Internationally. Contact : 027 222 0219 email: admin@constructiondisputeservices.co.nz
Construction Dispute Services offers a cost effective alternative to the courts system