In forceAmended2020 Revised Edition

Contents

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

14A. Appointment of replacement adjudicator

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Amended

Last amended by an amending law of 2018.

(1)

Where an authorised nominating body becomes aware that —

(a)

an adjudicator appointed under section 14 has ceased to meet the eligibility criteria for adjudicators under section 29; or

(b)

the adjudicator has become unable to perform the adjudicator’s duties for any reason,the authorised nominating body must refer the adjudication application to a person who is on the register of adjudicators established under section 28(4)(a) and whom the authorised nominating body considers to be appropriate for appointment as the replacement adjudicator to determine the adjudication application.

(2)

The person to whom the adjudication application has been referred under subsection (1) may agree or decline to determine the adjudication application.

(3)

The authorised nominating body must, within 7 days after becoming aware of the matters in subsection (1)(a) or (b) (as the case may be) serve on the claimant, the respondent, the principal (if known) and the owner concerned a written notice confirming the appointment of the person who has agreed to determine the adjudication application referred to the person under subsection (1) as the replacement adjudicator.

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
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 15

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