Adjudications, payment disputes and enforcement proceedings under the Construction Contracts Act 2002

In Target Painters & Decorators Ltd v Omid Construction Management Group Ltd, Greenwood Roche acted for Omid in connection with a payment dispute that proceeded to adjudication. The adjudicator determined that Target was to pay Omid unpaid invoices. When Target sought to challenge the adjudicator's determination and set aside a related statutory demand, the High Court rejected that application, finding no genuine and substantial dispute as to the existence of the debt and confirming that the "pay now, argue later" principle in the CCA applied.

This decision reinforces the binding nature of adjudication determinations and illustrates the firm's experience with both pursuing and defending enforcement proceedings under the CCA.

The judgment for this case can be found here: Target Painters & Decorators Limited v Omid Construction Management Group Limited [2019] NZHC 2544 (7 October 2019)