Building and Construction Industry Security of Payment Act 2004 · 2020 Revised Edition · Part 6 · General Provisions Relating to Adjudication
30. Costs of adjudication proceedings
Feedback & supportThe costs of any adjudication must not exceed such amount as the Minister may prescribe.
costs
“costs”, in relation to an adjudication, includes —(a)the application fee payable to an authorised nominating body; and(b)the fees and expenses of the adjudicator;
An adjudicator must, in making a determination in relation to any adjudication application, decide which party must pay the costs of the adjudication and (where applicable) the amount of contribution by each party.
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);
Where an adjudicator is satisfied that a party to an adjudication incurred costs of the adjudication because of frivolous or vexatious conduct on the part of, or unfounded submissions by, another party, the adjudicator may decide that the other party must pay some or all of those costs.
adjudication
“adjudication” means the adjudication of a payment claim dispute in accordance with Part 4, and includes an adjudication review under that Part;
A party to an adjudication must bear all other costs and expenses incurred as a result of or in relation to the adjudication, but may include the whole or any part thereof in any claim for costs in any proceeding before a court or tribunal or in any other dispute resolution proceeding.