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Adjudication

Adjudication is a specific process of ADR used under the Construction Contracts Act 2002 (CCA) which has three purposes in relation to “construction contracts”:

“(a) to facilitate regular and timely payments between the parties to a construction contract; and
(b) to provide for the speedy resolution of disputes arising under a construction contract; and
(c) to provide remedies for the recovery of payments under a construction contract.”

(Refer s.3)

While the provisions of the CCA are usually used to resolve payment disputes between parties to a construction contract (owner, main contractor or subcontractors) they can also be used to resolve other disputes provided that they fall under the jurisdiction of the CCA.  The advantage over other ADR methods is the speed of resolution as strict timeframes are imposed..

In respect of payment disputes it is important that the parties comply with the requirements of the CCA in respect of Payment Claims and Payment Schedules.  Adjudication is then initiated by a claimant serving written notice on the other party of its intention to refer a dispute to adjudication under the CCA.  As soon as possible after that the parties need to secure the services of a qualified and experienced adjudicator to determine the claim. An adjudicator should be a person with appropriate qualifications, expertise and experience to undertake the role.

Alan Bickers is a trained and experienced adjudicator.  His training in dispute resolution is outlines under “Alternative Dispute Resolution” which includes a Graduate Diploma from Massey University with specific training as an adjudicator under the CCA.  As an experienced civil engineer with very extensive involvement in the construction of major infrastructural facilities, land development and buildings, Alan has the experience to adjudicate disputes of the most complex nature whether the contract is under architectural or engineering conditions of contract.

Alan is widely known in the Engineering Profession as a Past President and Distinguished Fellow of the Institution of Professional Engineers New Zealand (IPENZ).  His citation states “Throughout his career, Alan has exhibited an extraordinary ability to manage and control complex systems and processes.”

He is also a Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand which is a “nominating body” for adjudicators under the CCA. He was awarded the Sir Ronald Davidson Prize in 2009.  He is also Chairman of the Building Practitioners’ Board.