Every construction contract should contain an agreed dispute resolution process. There are two categories of dispute resolution processes:

first, the processes that a party can use whether or not the other party agrees, such as adjudications under the Construction Contracts Act 2002 or the Weathertight Homes Resolution Services Act 2006 and court proceedings;

and secondly, the processes that have been agreed between the parties and contained in the construction contract, such as architect’s reviews, engineer’s decisions, expert’s determinations, mediation, and arbitration.

Depending on the size of your building project, whether it is commercial or residential, it is important to ensure that your construction contract contains the right dispute resolution processes for you and your project. For further information please contact one of our building and construction team experts.