Third Place – Recommended for Publication: SCL(NZ) Construction Law Essay Prize Competition
This essay explores a proposal to reform New Zealand’s adjudication regime under the Construction Contracts Act 2002. It argues that final offer adjudication, in which an adjudicator must choose between the parties’ best and final offers, would address three key drawbacks of the current regime. These are the use of adjudication as a strategic tool to gain commercial leverage, the limited opportunity for disputes to be fully aired, and the reality that adjudication determinations are often effectively final. The essay also considers the future role of technology in adjudication, particularly the potential for AI to serve as a fast, cost-effective, and predictable tool for identifying the more reasonable offer in a final offer adjudication framework.