BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 24 Adjudicator's decision

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 24

    (1)     The adjudicator for an adjudication application must decide—

        (a)     the amount of the progress payment, if any, to be paid by the respondent to the claimant (the adjudicated amount ); and

        (b)     the day on which the amount became or becomes payable; and

        (c)     the rate of interest payable on the amount.

    (2)     In deciding an adjudication application, the adjudicator must only consider the following:

        (a)     this Act;

        (b)     the construction contract to which the application relates;

        (c)     the payment claim to which the application relates, together with any submission, including relevant documentation, properly made by the claimant in support of the claim;

        (d)     the adjudication application;

        (e)     the payment schedule, if any, to which the application relates, together with any submission, including relevant documentation, properly made by the respondent in support of the schedule;

        (f)     the adjudication response, if any;

        (g)     the result of any inspection by the adjudicator of any matter related to the claim.

    (3)     The adjudicator's decision must—

        (a)     be in writing; and

        (b)     include the reasons for the decision, unless the claimant and the respondent have both asked the adjudicator not to include the reasons in the decision.

    (4)     If the adjudicator values construction work or related goods and services under section 12, the adjudicator and any other adjudicator must give the work, or the goods and services—

        (a)     in a later adjudication involving the valuation of the work or of the goods and services—the same value as the value decided by the adjudicator; or

        (b)     if the claimant or respondent satisfies the adjudicator that the value of the work, or the goods and services, has changed since the valuation—a different value to the value decided by the adjudicator.

    (5)     The adjudicator may, on the adjudicator's own initiative or on the application of the claimant or the respondent, correct a decision for—

        (a)     a clerical mistake or defect of form; or

        (b)     a material miscalculation of figures or a material mistake in the description of any person, thing or matter mentioned in the decision.