BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 36 Costs and expenses—adjudicator
BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2009 - SECT 36
Costs and expenses—adjudicator(1) An adjudicator is entitled to be paid for adjudicating an adjudication application—
(a) if an amount of costs and expenses is agreed between the adjudicator and the parties to the adjudication—the agreed amount; or
(b) if an amount of costs and expenses is not agreed—a reasonable amount having regard to the work done and expenses incurred by the adjudicator.
(2) The claimant and respondent are each liable to pay the adjudicator's costs and expenses.
(3) The claimant and respondent are each liable to contribute to the payment of the adjudicator's costs and expenses—
(a) in equal proportions; or
(b) if the adjudicator decides a different proportion—the proportion decided.
(4) An adjudicator is not entitled to be paid costs or expenses in relation to the adjudication of an adjudication application if the adjudicator fails to make a decision on the application within the time allowed by section 23 (3).
(5) However, subsection (4) does not apply—
(a) if the failure to make a decision is because the application is withdrawn or the dispute between the claimant and respondent is resolved; or
(b) if an adjudicator refuses to communicate the decision on an adjudication application until the fees and expenses are paid; or
(c) in circumstances prescribed by regulation.