Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a respondent (such as a principal, head contractor, or subcontractor) in New Zealand who has received a statutory payment claim or is facing construction adjudication. This guide helps practitioners review the payment claim, draft and serve a valid payment schedule, respond to a notice of adjudication, and manage the adjudication process to protect the respondent's commercial position.
Jurisdiction: New Zealand Building Disputes Tribunal or other Authorised Nominating Authorities (ANAs), National. Forks cover residential occupier defenses and third-party landowner review proceedings in the District Court.
The Process at a Glance: The workflow begins by checking conflicts and auditing the received payment claim for statutory compliance. Practitioners then coordinate with quantity surveyors to draft and serve a detailed payment schedule stating the scheduled amount and reasons for withholding. If the claimant refers the dispute to adjudication, the practitioner selects or nominates an adjudicator, drafts the response and witness statutory declarations, and submits them within strict statutory timeframes. Finally, the practitioner assesses the determination and opposes any court enforcement if grounds exist.
Use this plan when representing a landowner who is not the primary contracting respondent, but whose land is subject to a proposed charging order under section 50 of the Construction Contracts Act 2002. It helps practitioners manage the adjudication process as a third party and file a review of the determination in the District Court under section 71A.
Use this plan when representing a residential occupier in New Zealand who has received a payment claim or adjudication notice for residential building work. It helps practitioners invoke the section 31 statutory shield against charging orders and ensure the claimant has complied with residential service requirements.
Key Legislation and Case Law: Governed by the Construction Contracts Act 2002 and the Construction Contracts Regulations 2003. Key provisions include s 20 (payment claims), s 21 (payment schedules), s 22 (default debt liability), s 31 (residential occupier charging order restrictions), s 37 (adjudication response within 5 working days), s 37A (reply and rejoinder), s 50 (landowner liability), s 71A and s 71B (review by an owner who is not a respondent, filed within 20 working days after the determination), s 24A (suspension of work), s 73 (enforcing determinations), and s 74 (opposition to judgment within 5 working days). Important authorities include [Construction Advantage Ltd v Eljayej Holdings Ltd [2025] NZHC 1749](https://www.justice.govt.nz/) regarding payment schedule reasons and [Chillex Services Ltd v Best Air Conditioning Ltd [2025] NZHC 1729](https://www.justice.govt.nz/) regarding procedural compliance.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Construction Adjudication (Respondent) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Construction Law cases, outlining the standard Adjudication process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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