Terms of Engagement

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Terms of Engagement

Terms of Engagement – Mediation

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Terms of Engagement – Adjudication

Appointing an adjudicator

  1. Make preliminary contact to establish my availability. I only need to know party names (to avoid conflict of interest) and the general nature of the dispute. 
  2. Where parties have agreed to an appointment the claimant must make a written request to act, accompanied by a copy of the notice of adjudication (section 33). 
  3. I will promptly indicate my availability, and any conditions for acceptance of appointment. 
  4. If there is no agreed adjudicator you must apply to an authorised nominating authority (ANA). You may wish to draw to the ANA’s attention any people on their list of adjudicators who you would consider suitable or unsuitable.

Please refer to Subpart 2 (sections 28 to 37) of the Construction Contracts Act 2002 for details of adjudicator appointment.

Profile

Peter Degerholm

Reg QS FAMINZ(Arb) FNZIQS GDipBusStud(Disp Res)

Peter Degerholm is a qualified alternative dispute resolution (ADR) practitioner with over 35 years experience in quantity surveying and management in the New Zealand building industry. He is a Registered Quantity Surveyor, Fellow of the Arbitrators’ and Mediators’ Institute of New Zealand and the New Zealand Institute of Quantity Surveyors, and a member of Society of Construction Law New Zealand and Dispute Resolution Board Australasia.

Peter is well known throughout New Zealand in construction dispute resolution as an ADR practitioner specialising in adjudication under the Construction Contracts Act, mediation and arbitration. He also provides advisory, expert, advocacy and consultancy services to owners, contractors and subcontractors on commercial, industrial, infrastructure and residential projects, focusing on disputes and dispute prevention.

Peter’s background includes extensive practical experience in specialist contracting and professional QS firms. This allows him to appreciate the complex contractual, legal, technical, financial, performance and quality issues that underlie disputes from all perspectives including client, consultant, contractor and subcontractor.

As a consultant and provider of professional services Peter encourages his clients to identify and address potential issues and differences constructively, before they become intractable disputes. He provides strategic advice and support services in documenting, tendering, negotiating and settling contracts, and intervention as appropriate when conflict arises.