The organisation will offer a capped fee for certain adjudications
The Adjudicators Association of New Zealand (AANZ) has unveiled its new fixed capped fee scheme to help bolster access to justice.
The scheme will apply to adjudications progressed under the Construction Contracts Act 2002.
“The fixed fee scheme is a cost-efficient way that will reduce the parties costs, both in the appointment of the adjudicator as well as the cost of legal fees in line with the fixed fee scheme,” AANZ president and adjudicator Lawrence Jones told NZ Lawyer.
According to the organisation, adjudications that fall under the scheme are as follows:
- disputes relating to an alleged breach or non-compliance with the requirements of part 2 of the Act, where the parties agree to limit the documentation to be provided. The fee is fixed and is not a function of the value of the sum in dispute
- other simple disputes where; a minimal number of issues are in dispute, the maximum value of the matters in dispute as claimed is $40,000, and the parties agree to limit the documentation to be provided
AANZ committee member and adjudicator Scott Gazley added that the project will “make quick and enforceable adjudication determinations available to people in the construction industry who could not previously have afforded it or who were put off by the lack of cost transparency.”
“Coupled with lawyers offering commensurate fixed legal fee adjudication claims, this is a step towards improving access to justice for builders, subcontractors, construction professionals, and their clients,” he told NZ Lawyer.
