Important Note: This low value claims scheme is structured to comply with the low value claims requirements of the Building Disputes Tribunal LVC scheme. The Building Disputes Tribunal is an independent approved nominating authority and is not affiliated with badcocklaw in any way. The appointment and services of any adjudicator appointed by the Building Disputes Tribunal remain at all times independent of the services provided by badcocklaw.
WHAT IS ADJUDICATION?
Adjudication is a statutory dispute resolution process in the construction industry. It is aimed at obtaining a quick, but enforceable, determination between the parties so that cash keeps flowing in the industry. In an adjudication, two parties with a dispute submit their dispute to an adjudicator, who considers all the evidence and makes a determination. This is then temporarily binding on the parties and can be enforced, until such time as the dispute is finally decided. In most cases, the parties to a dispute do not proceed any further beyond an adjudication and accept the determination as resolving the dispute between them.
Compared with other dispute resolution methods (such as arbitration and litigating in court), adjudication is relatively inexpensive and speedy.
The party who refers a dispute to adjudication is known as the claimant. They can apply for an adjudicator to be appointed by an independent nominating body (for example, the Building Disputes Tribunal). Once an adjudicator is appointed, the other party (known as the respondent) cannot delay, avert, or avoid the process. They are then temporarily bound by the adjudicator's determination.
THE LOW VALUE CLAIM SCHEME
Important Note: This low value claims scheme is structured to comply with the low value claims requirements of the Building Disputes Tribunal LVC scheme. The Building Disputes Tribunal is an independent approved nominating authority and is not affiliated with badcocklaw in any way. The appointment and services of any adjudicator appointed by the Building Disputes Tribunal remain at all times independent of the services provided by badcocklaw.
The cost of having construction disputes resolved (or uncertainty about this cost) prevents many claimants from recovering money that they may well be entitled to under building and construction contracts. Unscrupulous payers often use that situation to their advantage. This is particularly the case where the amount in dispute is relatively small (for example, claims for less than $100,000.00), where payers often assume that the payee will not take steps to recover the unpaid amount due to the cost.
To redress that situation, the Building Disputes Tribunal has provided for many years a fixed fee adjudication service for Low Value Adjudication Claims of limited complexity of less than $100,000.00 including GST (LVCs). This scheme is aimed at providing parties to construction disputes with certainty as to the cost of an adjudicator in taking a dispute to adjudication. This means parties can make informed and considered commercial decisions as to whether to resolve disputes by adjudication. This unique service ensures that the cost of having an LVC resolved by an adjudicator is not disproportionate to the amount in dispute.
In line with the Building Disputes Tribunal LVC scheme for appointment of adjudicators, badcocklaw offers a parallel fixed fee adjudication claim service. This service includes preparing the adjudication claim, evidence, and reply.
As part of our fixed fee LVC service we offer a free first consultation via web-conference for up to 1 hour to make an initial assessment of whether there is a viable claim worth pursuing in adjudication.
Claimants still have the option of referring claims for less than $100,000.00 to adjudication as a General Claim (for example, if the claim involves a number of issues). In that case, our fees and expenses would be calculated according to the time engaged, together with any expenses incurred by us in the execution of our duties.
badcocklaw's LVC claims services is acknowledged by the Building Disputes Tribunal for use in parallel with their LVC adjudication scheme.
SLIDING SCALE
SLIDING SCALE
LVC5
≤ $4,999.99
$1,500.00
$287.50
$1,350.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 15 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included. Limited reasons only provided.
LVC10
$5,000.00 ≤ $9,999.99
$2,500.00
$287.50
$2,250.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 15 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC20
$10,000.00 ≤ $19,999.99
$3,750.00
$287.50
$3,375.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 20 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC30
$20,000.00 ≤ $29,999.99
$5,000.00
$287.50
$4,500.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 30 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC40
$30,000.00 ≤ $39,999.99
$6,250.00
$287.50
$5,625.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 40 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC50
$40,000.00 ≤ $49,999.99
$7,500.00
$287.50
$6,750.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 50 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC60
$50,000.00 ≤ $59,999.99
$8,750.00
$287.50
$7,875.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 60 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC80
$60,000.00 ≤ $79,999.99
$10,000.00
$287.50
$9,000.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 80 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
LVC100
$80,000.00 ≤ $99,999.99
$12,000.00
$287.50
$10,800.00
Claim limited to 3 items at issue. Documents that Claimant may file in support of the claim limited to: Notice of Adjudication, Adjudication Claim, and Contract Documents together with 100 pages of submissions and evidence in relation to the claim and the matters at issue. No conference of the parties or inspection of construction work is included.
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
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Our fixed fee:
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conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
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Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
Code:
Claim amount:
Our fixed fee:
Our hourly rate fee for
conferences / inspections:
Our fee where the matter
is settled after Notice of
Adjudication is served:
Conditions:
HOW DO I GET STARTED?
To download a copy of our current Terms and Conditions please click here.
If you would like to begin the process of claiming under the LVC scheme, please fill in our initial client questionnaire (fillable PDF form) and email it through to us. This will allow us to make an initial assessment of your claim.
Once we have reviewed your questionnaire, we will schedule a web-conference to discuss your claim.
badcocklaw
We are a specialist construction law firm. In addition to providing the LVC scheme, we advise on all aspects of construction law, including the pre-construction phase, the construction process, the Construction Contracts Act 2002, construction insolvency, and debt recovery.
Our Senior Partner has been carrying out construction adjudications since the commencement of the Construction Contracts Act 2002.
For more information about us, visit our general website at www.badcocklaw.nz
KEVIN BADCOCK
SENIOR PARTNER
021 508 671
LAURA BADCOCK
JUNIOR PARTNER
021 137 8059
KATE BADCOCK
JUNIOR PARTNER
027 856 9866
OUR ADDRESS
16 Willmott Place, Rotorua, New Zealand
Email: enquiries@badcocklaw.nz
Tel: 07 343 9505
For any general enquiries, please fill in the following contact form:
