Construction Contracts Act 2002

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Reprint as at 1 September 2017

Construction Contracts Act 2002

Public Act		2002 No 46
Date of assent		26 November 2002
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

1	Title
2	Commencement
	Part 1 Preliminary provisions
	Purpose
3	Purpose
	Overview
4	Overview
	Interpretation
5	Interpretation
6	Meaning of construction work
7	Meaning of associate
	Application
8	Act binds the Crown
9	When Act applies: general
10	When Act applies: residential construction contracts [Repealed]
11	When Act does not apply
11A	Application of this Act: savings provisions relating to Construction Contracts Amendment Act 2015
	No contracting out
12	No contracting out of Act
	Part 2 Payments
	Subpart 1—Prohibition of conditional payment provisions of construction contracts
13	Conditional payment provisions ineffective
	Subpart 2—Payment provisions
	Parties may agree on express terms for payments
14	Parties free to agree on payment provisions in construction contract
	Default provisions for payments in absence of express terms
15	Application of sections 16 to 18
16	Right to progress payments
17	Amount of progress payment
18	Due date for payment
	Subpart 2A—Retention money
18A	Interpretation
18B	Application of this subpart
18C	Default arrangement: trust over retention money
18D	Alternative arrangement: complying instrument protects payment of retention money
	Retention money: held on trust
18E	Use of retention money
18F	Investment of retention money
18FA	Protection of retention money
	Retention money: payment protected by complying instrument
18FB	Complying instruments
	Further provisions
18FC	Accounting and records
18G	Interest on late payment
18H	Protection of retention money [Repealed]
18I	Prohibited provisions
	Subpart 3—Procedure for making and responding to payment claims
19	Interpretation
20	Payment claims
21	Payment schedules
22	Liability for paying claimed amount
23	Consequences of not paying claimed amount where no payment schedule provided
24	Consequences of not paying scheduled amount in manner indicated by payment schedule
	Subpart 4—Suspension of work
24A	Suspension of construction work
	Part 3 Adjudication of disputes
	Subpart 1—Preliminary
25	Right to refer disputes to adjudication
26	Relationship between Part and other dispute resolution procedures
27	Effect of Part on civil proceedings
	Subpart 2—Procedure for initiating adjudication and appointing adjudicator
28	How to initiate adjudication
29	Claimant may seek approval for issue of charging order in respect of construction site owned by respondent
30	Claimant may seek determination of liability of owner who is not respondent
31	When claimant may not seek approval for issue of charging order
31A	Compliance with requirements of Act relating to supply of certain information
32	Owner who is not respondent is party to adjudication proceedings
33	Selection of adjudicator
34	Eligibility criteria for adjudicators
35	Appointment of adjudicator
35A	Notice of acceptance
36	Referral of dispute to adjudicator
37	Response to adjudication claim
37A	Reply to response to adjudication claim
	Subpart 3—Conduct of adjudication proceedings
38	Jurisdiction of adjudicators
38A	Special provisions for adjudication if approval for charging order sought by claimant
38B	Parties may be represented at adjudication proceedings
39	Withdrawal of adjudication proceedings
40	Consolidation of adjudication proceedings
41	Duties of adjudicator
42	Powers of adjudicator
43	When adjudicator’s powers not affected
44	Adjudicator may draw inferences and determine dispute based on available information
	Subpart 4—Adjudicator’s determination
45	Adjudicator’s determination: matters to be considered
46	Adjudicator’s determination: timing
47	Adjudicator’s determination: form
48	Adjudicator’s determination: substance
49	Approval for issue of charging order over construction site owned by respondent
50	Determination of liability of owner who is not respondent and approval of charging order over construction site owned by that owner
51	Owner who is not respondent may discharge liability and recover amount from respondent
	Review of adjudicator’s determination in respect of owner who is not respondent [Repealed]
52	Owner who is not respondent may apply to District Court for review of adjudicator’s determination [Repealed]
53	Procedure for seeking review [Repealed]
54	Powers of District Court on review [Repealed]
55	Effect of review on adjudicator’s determination [Repealed]
	Costs of adjudication proceedings
56	Costs of adjudication proceedings
	Adjudicator’s fees
57	Adjudicator’s fees
	Subpart 5—Effect of adjudicator’s determination
58	Enforceability of adjudicator’s determination
59	Consequences of not complying with adjudicator’s determination under section 48(1)(a)
59A	Consequence of not complying with adjudicator’s determination under section 48(1)(b) or (2)
60	Effect of review or other proceeding on adjudicator’s determination
61	Consequence of not complying with adjudicator’s determination under section 48(1)(b) or (2) [Repealed]
	Subpart 6—Miscellaneous matters relating to adjudication
62	Special provisions for residential construction contracts [Repealed]
63	Special provisions for adjudication if approval for charging order is sought by claimant [Repealed]
64	Compliance with requirements of Act relating to supply of certain information [Repealed]
65	Nominating authorities
66	Claimant may seek fresh adjudication if no adjudicator’s notice of acceptance received or dispute not determined
67	Parties may be represented at adjudication proceedings [Repealed]
68	Confidentiality of adjudication proceedings
69	Adjudicators not compellable witnesses
70	Exclusion of liability
71	Application of other enactments to adjudications
	Part 4 Review and enforcement of adjudicator’s determination
	Subpart 1AA—Review of adjudicator’s determination
	Review of adjudicator’s determination in respect of owner who is not respondent
71A	Owner who is not respondent may apply to District Court for review of adjudicator’s determination
71B	Procedure for seeking review
71C	Powers of District Court on review
71D	Effect of review on adjudicator’s determination
	Subpart 1—Suspension of work [Repealed]
72	Suspension of construction work [Repealed]
	Subpart 2—Enforcement of adjudicator’s determination
	Enforcement of adjudicator’s determination generally
73	Enforcement of adjudicator’s determination
74	Defendant may oppose entry as judgment
75	Entry as judgment if defendant takes no steps
	Enforcement of adjudicator’s determination involving charging order in respect of construction site
76	Enforcement of adjudicator’s determination involving charging order in respect of construction site
	Miscellaneous
77	Effect of entry of judgment
78	Application of rules relating to charging orders
	Part 5 Miscellaneous provisions
79	Proceedings for recovery of debt not affected by counterclaim, set-off, or cross-demand
80	Service of notices
81	Rules of court
82	Regulations
83	Chief executive may require adjudication information
	Reprint notes

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