BuildLaw Issue 32 June 2018 | Page 20

under the Act. The risks and costs for the parties when things go wrong, as they clearly did here from the appointment to the determination, cannot be understated.
Fortunately, such cases are rare, and generally the standard of determinations made by adjudicators in New Zealand is very high and comparable to anything that might be provided by way of an award in arbitration.
The Building Disputes Tribunal is committed to delivering consistent, professional adjudication services of the highest possible standard. Unless a party takes objection, each determination by a BDT adjudicator is subject to ‘scrutiny’ by BDT before being given to the parties. Scrutiny is a key element of BDT’s adjudication service ensuring that adjudicators’ determinations are of the highest possible standard and thus less susceptible to correction or challenge in the courts.
This process provides BDT with an effective quality assurance regime, reduces the likelihood of errors requiring correction by adjudicators within the statutory period of two working days after the determination is given to the parties, and provides parties with an additional layer of protection that would not otherwise be available since an adjudicator’s determination regarding payment of money under a construction contract is prima facie binding and enforceable. Scrutiny of a determination is directed to identifying any errors in computation, any clerical or typographical errors, any errors as to form or substance, or any errors of a similar nature. The adjudicator’s independence and autonomy in rendering the determination is not affected by the process and this unique quality assurance mechanism makes BDT’s adjudication service the country’s most reliable adjudication system.