General Claims

Fees for claims falling under our General Claims track
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Claims involving amounts in dispute greater than $100,000.00 including GST, claims for declaratory relief, and claims under $100,000.00 that do not meet the criteria for low value claims fall under the General Claims track.

Please note that, for General Claims, any amount prescribed as security for the adjudicator’s fees and expenses is a nominal and arbitrary amount only and is not an estimate of the cost of the adjudication.

For General Claims, a notice of acceptance will not be served on the parties to the adjudication until the claimant, or the parties jointly, have paid (in clear funds) into the trust account of BDT a deposit as security for the adjudicator’s fees and expenses in accordance with the following table:

Value of Claim Security Payment Required
≤ $24,999.99 $6,000.00
$25,000.00 ≤ $49,999.99 $8,000.00
$50,000.00 ≤ $99,999.99 $10,000.00
$100,000.00 ≤ $499,999.99 $15,000.00
$500,000.00 ≤ $999,999.99 $17,500.00
≥ $1,000,000.00 $20,000.00
rights and obligations only (declaratory relief) $10,000.00

In almost every case, the claimant will pay the security amount required to secure the appointment of the adjudicator immediately following service of the notice of adjudication when making an application for the appointment of an adjudicator. In such cases the claimant may, in its notice of adjudication, and subsequently in its adjudication claim, seek a determination from the adjudicator that the respondent, or any other party to the adjudication, is liable to meet the adjudicator’s fees and expenses and to reimburse the claimant for the security paid in such proportions as the adjudicator determines.

When BDT serves the adjudicator’s notice of acceptance on the parties, the Registrar will invite the respondent to contribute an equal share of the amount paid as security by the claimant on the basis that the Act contemplates that the parties will bear their own costs and expenses and meet the adjudicator’s fees in equal proportions unless the grounds in sections 56(1) and 57(4) are made out.

In the event that the respondent pays that amount, BDT will immediately issue the respondent with a receipt and refund the claimant in that same amount leaving the adjudicator to ultimately determine the issue of costs as between the parties.

Please note that any amount paid as security for the adjudicator’s fees and expenses is a nominal amount only and is not, and shall not, be considered an estimate of the cost of the adjudication which shall be calculated according to the time engaged on the duties of the adjudication by the adjudicator, together with any expenses incurred by the adjudicator in the execution of those duties.

In the event that the adjudicator’s fees and expenses prove to be less than the amount held by BDT as security, BDT will provide the adjudicator’s determination to the parties to the adjudication as soon as practicable after the adjudicator has made his or her determination and BDT will disburse the balance of the monies held as security to the parties in the manner determined by the adjudicator.

In the event that the adjudicator’s fees and expenses are greater than the amount held as security, the parties will be advised of the adjudicator’s actual fees and expenses by BDT and the parties will be requested to pay the balance in order to uplift the determination. When the balance is paid in full, a copy of the determination will be provided to each of the parties to the adjudication by BDT.

“Route to the decision” – Scottish court rejects challenge to adjudicator’s decision that did not expressly address a material line of defence

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Failed waterproofing causes a flood of costs

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Written by Rabin Rabindran and Derek Firth  In his opinion piece (NZ Herald 21 February 2024) Mayor Brown provides a number of reasons for these overruns.  They include an obsession with governance skills rather than a range of skills directly useful to the sector...

High Court soundly dismisses judicial review of adjudication determinations but may inadvertently have put the cat among the pigeons

By Alexander Lyall In Sam Pemberton Civil Ltd v Robertson,[1] the High Court considered applications for judicial review of two related adjudication determinations. In dismissing the applications, the Court underscored some of the key functions of the Construction...

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Mainzeal saga ends in the Supreme Court

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Moving home

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Waiver and estoppel arguments raised in interim payment dispute

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Builder terminates contract with a “sorry mate…costs are going through the roof”

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Labelling an image as an ‘artist impression’ was found not to give a developer artistic licence in a claim of misleading and deceptive conduct over an ‘off-the-plan’ premium apartment

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Fire risk – defective cladding litigation heats up

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An adjudicator’s decision on a construction contract is definitely worth the paper it’s written on!

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Resolving Construction Disputes – Is Adjudication a Good Option?

By Natalia Vila.   With few exceptions, the Construction Contracts Act 2002 (the Act) applies to every construction contract relating to construction work carried out in New Zealand. Statutory adjudication under the Act is the most commonly used dispute...
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