In force2020 Revised Edition

Contents

Building and Construction Industry Security of Payment Act 2004 · 2020 Revised Edition · Part 4 · Adjudication of Payment Claim Disputes

13. Adjudication applications

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(1)

A claimant who is entitled to make an adjudication application under section 12 may, subject to this section, apply for the adjudication of a payment claim dispute by lodging the adjudication application with an authorised nominating body.

(2)

An adjudication application must not be made unless the claimant has, by written notice containing the prescribed particulars, notified the respondent of the claimant’s intention to apply for adjudication of the payment claim dispute.

(3)

An adjudication application —

(a)

must be made within 7 days after the entitlement of the claimant to make an adjudication application first arises under section 12;

(b)

must be made in writing addressed to the authorised nominating body requesting it to appoint an adjudicator;

(c)

must contain such information or be accompanied by such documents as may be prescribed;

(d)

must be accompanied by such application fee as may be determined by the authorised nominating body; and

(e)

may contain or be accompanied by such other information or documents (including expert reports, photographs, correspondences and submissions) as the claimant may consider to be relevant to the application.

(4)

The authorised nominating body must, upon receiving an adjudication application —

(a)

serve a copy thereof on the respondent; and

(b)

serve on the principal (if known) and the owner concerned a written notice that the application has been made.

(5)

The notice mentioned in subsection (4)(b) must contain such particulars as may be prescribed.

Terms defined in s 2

adjudication
Defined · s 2
“adjudication” means the adjudication of a payment claim dispute in accordance with Part 4, and includes an adjudication review under that Part;
Open s 2
adjudicator
Defined · s 2
“adjudicator” means a person appointed under this Act to determine a payment claim dispute that has been referred for adjudication, and includes —(a)a replacement adjudicator appointed under section 14A(3);(b)a review adjudicator or a panel of review adjudicators appointed under section 18(5)(b); and(c)a replacement review adjudicator or a replacement member of a panel of review adjudicators appointed under section 18A(3);
Open s 2
authorised nominating body
Defined · s 2
“authorised nominating body” means a person authorised under section 28(1);
Open s 2
claimant
Defined · s 2
“claimant” means a person who is or claims to be entitled to a progress payment under section 5;
Open s 2
owner
Defined · s 2
“owner”, in relation to a contract between a claimant and a respondent, means —(a)a person who —(i)enters into a contract, whether with the respondent or any other person, for the carrying out of construction work at or on, or for the supply of goods or services in relation to, the construction site concerned by the respondent or other person, as the case may be; and(ii)is not engaged by any other person to carry out construction work at or on, or to supply goods or services in relation to, the construction site concerned; or(b)where there is no such person — a person who owns the construction site concerned;
Open s 2
payment claim
Defined · s 2
“payment claim” means a claim made by a claimant for a progress payment under section 10;
Open s 2
principal
Defined · s 2
“principal”, in relation to a respondent named in a payment claim served by a claimant under section 10, means a person who is liable to make payment to the respondent for or in relation to the whole or part of the construction work that is, or the whole or part of the goods or services that are, the subject of the contract between the respondent and the claimant;
Open s 2
respondent
Defined · s 2
“respondent” means a person who is or may be liable to make a progress payment under a contract to a claimant;
Open s 2

Report

Read on from s 14

Part 5

Measures to Enforce Payment of Adjudicated Amount

Read on from Part 5

Part 6

General Provisions Relating to Adjudication

Read on from Part 6

Part 7

Miscellaneous

Read on from Part 7