26 Relationship between Part and other dispute resolution procedures

(1)

To avoid doubt, nothing in this Part prevents the parties to a construction contract from submitting a dispute to another dispute resolution procedure (for example, to a court or tribunal, or to mediation), whether or not the proceedings for the other dispute resolution procedure take place concurrently with an adjudication.

(2)

If a party to a construction contract submits a dispute to another dispute resolution procedure while the dispute is the subject of an adjudication, the submission to that other dispute resolution procedure does not—

(a)

bring to an end the adjudication proceedings; or

(b)

otherwise affect the adjudication.

(3)

An adjudicator must terminate the adjudication proceedings on a dispute if, before the adjudicator determines the dispute, that dispute is determined under another dispute resolution procedure.

(4)

Nothing in any other enactment or rule of law or any contract affects the application of this Part.

Section 26(3): amended, on 1 December 2015, by section 27 of the Construction Contracts Amendment Act 2015 (2015 No 92).