Northern Territory Consolidated Acts

CONSTRUCTION CONTRACTS (SECURITY OF PAYMENTS) ACT - SECT 28

(1) To apply to have a payment dispute adjudicated, a party to the contract must, within 90 days after the dispute arises or, if applicable, within the period provided for by section 39(2)(b) -

(a) prepare a written application for adjudication;

(b) serve it on each other party to the contract;

(c) serve it on -

(i) if the parties to the contract have appointed a registered adjudicator and that adjudicator consents - the adjudicator;

(ii) if the parties to the contract have appointed a prescribed appointer - the appointer; or

(iii) otherwise - a prescribed appointer chosen by the party; and

(d) provide any deposit or security for the costs of the adjudication that the adjudicator or prescribed appointer requires under section 46(7) or (8).

(2) The application must -

(a) be prepared in accordance with, and contain the information prescribed by, the Regulations;

(b) state the details of or have attached to it -

(i) the construction contract involved or relevant extracts of it; and

(ii) any payment claim that has given rise to the payment dispute; and

(c) state or have attached to it all the information, documents and submissions on which the party making it relies in the adjudication.

(3) Subsection (1) applies to a dispute even if it arises within the 90 day period immediately preceding the commencement of this subsection.