Dispute Resolution / Adjudication

Master Builders NT is an appointer for the NT Construction Contracts (Security of Payments) Act.

The Security of Payments Act provides a fast track means of resolving building disputes.

A party using a Master Builders NT Residential Building Contract may only refer a Dispute to arbitration if a Dispute Notice has been issued and the party has complied with the provisions of clause 28 and 29 of the contract.

A party electing to refer a Dispute to arbitration shall give to the other notice in writing requiring arbitration (‘the Arbitration Notice”). The party giving the Arbitration Notice must deposit with the Master Builders Association of the Northern Territory (MBANT) as security for the costs of the arbitration and administration fees of the MBANT an amount as prescribed by the MBANT Council and provide evidence of that deposit to the other party.

If the parties do not agree on an arbitrator within one week after the service of the Arbitration Notice, the arbitrator will be the nominee of the President of the MBANT. Notwithstanding the existence of any Dispute and even after a referral to arbitration, the builder and the owner will both continue to perform their obligations under the Contract.

The parties shall be jointly and severally liable for the costs of the arbitration and shall provide security for the costs of the arbitration as directed by the arbitrator.