COVID-19 (Temporary Measures) Act 2020 · s 39E

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—(1) Where —(a)B has included an amount for qualifying costs under section 39D(1) in a payment claim under section 10(1) of SOPA; and(b)A fails to pay B the amount within the time required under SOPA for the payment of payment claims for progress payments,then B is, in relation to that amount, entitled to make an adjudication application under section 12 of SOPA and apply for adjudication under section 13 of SOPA.(2) For the purpose of subsection (1), Part IV of SOPA applies to a payment claim for qualifying costs as it applies to a payment claim for a progress payment, subject to subsections (3), (4) and (5) and any other prescribed modifications.(3) For the purpose of subsection (1) and without affecting section 13(3) of SOPA, B must in the adjudication application —(a)state the amount B is claiming under section 39D(1); and(b)provide all information and documents relevant to the claim, including —(i)an extract of the terms of any contract that relate to the qualifying costs, and to the contract sum;(ii)information and documents (including invoices and receipts) showing the amount of the qualifying costs and the date the qualifying costs were incurred by B; and(iii)information and documents showing the amount of relief mentioned in paragraph (i) of the definition of “qualifying costs” in section 39D(9).(4) In determining the adjudication application under section 17 of SOPA, the adjudicator (including a replacement adjudicator) appointed to determine the adjudication application under that Act, must determine —(a)whether this Part applies to B; and(b)the amount under section 39D(1) which A is liable to pay B.(5) A review adjudicator may, upon a review of a determination mentioned in subsection (4), substitute that determination with his or her own determination.
Where —(a)B has included an amount for qualifying costs under section 39D(1) in a payment claim under section 10(1) of SOPA; and(b)A fails to pay B the amount within the time required under SOPA for the payment of payment claims for progress payments,then B is, in relation to that amount, entitled to make an adjudication application under section 12 of SOPA and apply for adjudication under section 13 of SOPA.
For the purpose of subsection (1), Part IV of SOPA applies to a payment claim for qualifying costs as it applies to a payment claim for a progress payment, subject to subsections (3), (4) and (5) and any other prescribed modifications.
For the purpose of subsection (1) and without affecting section 13(3) of SOPA, B must in the adjudication application —(a)state the amount B is claiming under section 39D(1); and(b)provide all information and documents relevant to the claim, including —(i)an extract of the terms of any contract that relate to the qualifying costs, and to the contract sum;(ii)information and documents (including invoices and receipts) showing the amount of the qualifying costs and the date the qualifying costs were incurred by B; and(iii)information and documents showing the amount of relief mentioned in paragraph (i) of the definition of “qualifying costs” in section 39D(9).
In determining the adjudication application under section 17 of SOPA, the adjudicator (including a replacement adjudicator) appointed to determine the adjudication application under that Act, must determine —(a)whether this Part applies to B; and(b)the amount under section 39D(1) which A is liable to pay B.
A review adjudicator may, upon a review of a determination mentioned in subsection (4), substitute that determination with his or her own determination.

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s 39EAdjudication of disputes

(1)

Where —

(a)

B has included an amount for qualifying costs under section 39D(1) in a payment claim under section 10(1) of SOPA; and

(b)

A fails to pay B the amount within the time required under SOPA for the payment of payment claims for progress payments,then B is, in relation to that amount, entitled to make an adjudication application under section 12 of SOPA and apply for adjudication under section 13 of SOPA.

(2)

For the purpose of subsection (1), Part IV of SOPA applies to a payment claim for qualifying costs as it applies to a payment claim for a progress payment, subject to subsections (3), (4) and (5) and any other prescribed modifications.

(3)

For the purpose of subsection (1) and without affecting section 13(3) of SOPA, B must in the adjudication application —

(a)

state the amount B is claiming under section 39D(1); and

(b)

provide all information and documents relevant to the claim, including —

(i)

an extract of the terms of any contract that relate to the qualifying costs, and to the contract sum;

(ii)

information and documents (including invoices and receipts) showing the amount of the qualifying costs and the date the qualifying costs were incurred by B; and

(iii)

information and documents showing the amount of relief mentioned in paragraph (i) of the definition of “qualifying costs” in section 39D(9).

(4)

In determining the adjudication application under section 17 of SOPA, the adjudicator (including a replacement adjudicator) appointed to determine the adjudication application under that Act, must determine —

(a)

whether this Part applies to B; and

(b)

the amount under section 39D(1) which A is liable to pay B.

(5)

A review adjudicator may, upon a review of a determination mentioned in subsection (4), substitute that determination with his or her own determination.