Building and Construction Industry Security of Payment Act 2004 · 2020 Revised Edition · Part 4 · Adjudication of Payment Claim Disputes
22. Payment of adjudicated amount
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Where, in relation to an adjudication application, the adjudicator has determined that the respondent must pay an adjudicated amount to the claimant, then except as provided in subsection (2) and section 18(3), the respondent must pay that amount —
adjudication
“adjudication” means the adjudication of a payment claim dispute in accordance with Part 4, and includes an adjudication review under that Part;
within 7 days after the adjudicator’s determination is served on the respondent; or
by the date on which the adjudicated amount is determined by the adjudicator to be payable,whichever is the later.
Where a respondent is required in consequence of the adjudication determination to pay an adjudicated amount to the claimant, and the claimant is entitled under section 18(2) to lodge an application for the review of the adjudication determination, the respondent must pay that amount —
respondent
“respondent” means a person who is or may be liable to make a progress payment under a contract to a claimant;
not earlier than 7 days but within 10 days after the respondent is served the adjudicator’s determination;
within 7 days after the respondent is served the adjudication review determination of an adjudication review brought by the claimant; or
on or before the date (if any) determined by the review adjudicator or the panel of review adjudicators under section 19(8)(c) as the date that the amount is payable,whichever is the later.
Where an application for the review of an adjudicator’s determination has been lodged by the respondent, an authorised nominating body to whom an adjudicated amount has been paid under section 18(3) must pay the relevant amount to the party who is entitled to payment —
adjudicator
“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);
within 7 days after the adjudication review determination is served on that party; or
on or before a later date (if any) determined by the review adjudicator or the panel of review adjudicators under section 19(8)(c) as the date that the amount is payable.
Where the adjudicated amount under an adjudication review determination is higher than the adjudicated amount under the adjudication determination, a respondent who has paid the adjudicated amount under the adjudication determination to the authorised nominating body under section 18(3) must pay the difference to the claimant —
adjudicated amount
“adjudicated amount” means the amount of a progress payment that is determined to be payable under section 17 or 19, as the case may be;
within 7 days after the adjudication review determination is served on the respondent; or
on or before a later date (if any) determined by the review adjudicator or the panel of review adjudicators under section 19(8)(c) as the date that the amount is payable.