Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: New Zealand Building Disputes Tribunal, National.
The Process at a Glance: The workflow begins with client intake and verifying the client's status as a residential occupier. Practitioners inspect the payment claim and notice of adjudication to confirm whether the mandatory Form 2 statement of rights was served. They then draft a payment schedule and, if adjudication proceeds, assert the section 31 exemption to prevent the adjudicator from approving a charging order over the dwellinghouse.
Key Legislation and Case Law: Governed by the Construction Contracts Act 2002 and the Construction Contracts Regulations 2003. Key provisions include s 31 (residential occupier charging order prohibition) and s 62 (mandatory Form 2 statement of rights).
* 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) - Residential Occupier (Section 31 Exemption) 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 Real Estate cases, outlining the standard Adjudication process. Utilize these tracking templates to manage your legal cases efficiently.
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