BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 28 Claimant may make new application in certain circumstances

BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 28

    (1)     This section applies if—

        (a)     a claimant fails to receive an adjudicator's notice of acceptance of an adjudication application within 4 business days after the application is made; or

        (b)     an adjudicator who accepts an adjudication application fails to decide the application within the time allowed by section 23 (3).

    (2)     The claimant may—

        (a)     withdraw the application, by notice in writing served on the adjudicator or authorised nominating authority to whom the application was made; and

        (b)     make a new adjudication application under section 19.

    (3)     Despite section 19 (3) (c), (d) and (e), a new adjudication application may be made at any time within 5 business days after the day the claimant becomes entitled to withdraw the previous adjudication application under subsection (2).

    (4)     This part applies to a new application mentioned in this section as if the application were an application under section 19.