The CIPAA Adjudication Process: A Step-by-Step Guide
Adjudication is the heart of CIPAA. It is a fast, structured process for resolving construction payment disputes, designed to deliver a binding decision in months rather than the years that litigation can take. If you are owed money on a project, knowing how adjudication unfolds helps you prepare and act with confidence. Here is the process from start to finish.
Step one: the payment claim
Everything begins with a payment claim. The unpaid party serves a written claim on the party who owes them money, setting out the amount due, the work it relates to, and the date payment fell due. This is the formal trigger that opens the door to adjudication, so it needs to be accurate and properly served.
Step two: the payment response
Once the claim is served, the receiving party has a limited window to serve a payment response. In it, they can admit the amount, dispute part or all of it, or explain why they are withholding payment. If they do not respond within the allowed time, they are generally treated as disputing the whole claim, which can work to the claimant’s advantage later.
Step three: the notice and reference to adjudication
If the dispute is not resolved, the unpaid party serves a notice of adjudication and refers the matter forward. This signals that the dispute is now heading to a neutral adjudicator for decision. At this stage, the parties either agree on who the adjudicator will be or have one appointed for them by the relevant adjudication authority.
Step four: appointment of the adjudicator
The adjudicator is an independent, qualified person who decides the dispute. The parties can agree on a name, but if they cannot, an appointment is made for them. Once appointed, the adjudicator manages the timetable and ensures the process stays on track. Their independence and impartiality are essential, and a failure to act fairly can later be a ground to challenge the decision.
Step five: the adjudication claim and response
The claimant submits a detailed adjudication claim setting out their case and the evidence supporting it. The respondent then files an adjudication response, putting forward their defence and any counter-arguments. In some cases the claimant is permitted a reply. This exchange gives the adjudicator the full picture of both sides before deciding.
Step six: the adjudicator’s decision
After reviewing the submissions, the adjudicator delivers a written decision within the time allowed under the Act. The decision states who must pay, how much, and by when. It is binding on the parties, meaning it must be complied with even if one side intends to challenge it later through arbitration or the courts.
What happens after the decision
A successful party has real options. The decision can be enforced through the courts as if it were a judgment, and the unpaid party may also be entitled to suspend work or take other steps if payment is still not made. The losing party can pursue arbitration or litigation to overturn the result, but in the meantime the decision stands. Because the timetable is tight throughout, preparing your case thoroughly and early is the key to making the most of the process.
| FREQUENTLY ASKED QUESTIONS How long does CIPAA adjudication take? Adjudication is designed to be fast. The Act sets strict timeframes for each stage, and a decision is typically delivered within a few months of the process starting, far quicker than litigation. Who pays for the adjudication? The adjudicator decides how the costs of the adjudication are allocated between the parties as part of the decision. Often, but not always, the unsuccessful party bears the larger share. Can I be represented during adjudication? Yes. Parties commonly engage legal representatives to prepare their submissions and present their case, given how much can turn on the quality and timing of the documents. |
| Dealing with this on a live project? Speak to NZSK’s construction law team. Call or WhatsApp +60 16-557 4789 · [email protected] |

