BuildLaw Issue 40 September 2020 | Page 27

Haskell Construction v Ashcroft and Alpine Prime Properties Ltd  [2020] NZHC 772
Adjudicators have jurisdiction to award damages under a statutory remedy
Haskell Construction Limited v Ashcroft  concerned an application for judicial review of an adjudicator’s acceptance of an adjudication, where the parties had been through two prior adjudications. In the third adjudication, damages were claimed for breach of implied warranties under the Building Act. The High Court held that an award of these damages was within the adjudicator’s jurisdiction. The Court also confirmed that issue estoppel applies to CCA adjudications, although it did not arise on the facts of this case.
Both points considered by the Court have important practical implications. All parties should be alive to the possibility of claims under statute, and statutory damages, being made in an adjudication. Claimants also need to know that they get “one shot” at an adjudication on an issue. Issues cannot be re-litigated in subsequent adjudications, albeit the contractual dispute processes will still remain available for a party unhappy with an adjudication outcome.