BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 86
Extending time for deciding adjudication application
BUILDING INDUSTRY FAIRNESS (SECURITY OF PAYMENT) ACT 2017 - SECT 86
Extending time for deciding adjudication application
86 Extending time for deciding adjudication application
(1) The claimant and respondent for an adjudication application may, before or
after the end of the maximum period for deciding the application under
section 85(1) , agree in writing that the adjudicator has additional time to
decide the application.
(2) Despite section 85(1) , an adjudicator may
decide an adjudication application within a longer period if—
(a) the
claimant and respondent have informed the adjudicator that they have agreed
under subsection (1) that the adjudicator has additional time to decide the
application; or
(b) the application relates to a complex payment claim and,
in the opinion of the adjudicator, the claimant and respondent have failed to
reach an agreement mentioned in subsection (1) .
(3) The
"longer period" is—
(a) if subsection (2) (a) applies—the additional time
agreed to by the claimant and respondent under subsection (1) ; or
(b) if
subsection (2) (b) applies—5 business days after the time the adjudicator
would otherwise have to decide the application under section 85(1) .
(4) If
the adjudicator has additional time to decide an adjudication application
under this section, the adjudicator must notify the registrar of the
additional time to decide the application within 4 business days after—
(a)
if subsection (2) (a) applies—the day the claimant and respondent agreed
under subsection (1) ; or
(b) if subsection (2) (b) applies—the day the
adjudicator decided he or she had additional time under subsection (2) (b) .
