Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 23

Adjudicator's determination

23. Adjudicator's determination



(1) An adjudicator is to determine-

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

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



   (c)  the rate of interest payable on that amount in accordance with section
        12(2).

Note The adjudicated amount may be added to under section 45(8).





(2) In determining an adjudication application, the adjudicator must consider
the following matters and those matters only-

   (a)  the provisions of this Act and any regulations made under this Act;

   (b)  subject to this Act, the provisions of the construction contract from
        which the application arose;

   (c)  the payment claim to which the application relates, together with all
        submissions (including relevant documentation) that have been duly
        made by the claimant in support of the claim;

   (d)  the payment schedule (if any) to which the application relates,
        together with all submissions (including relevant documentation) that
        have been duly made by the respondent in support of the schedule;

   (e)  the results of any inspection carried out by the adjudicator of any
        matter to which the claim relates.

(2A) In determining an adjudication application, the adjudicator must not take
into account-

   (a)  any part of the claimed amount that is an excluded amount; or

   (b)  any other matter that is prohibited by this Act from being taken into
        account.

(2B) An adjudicator's determination is void-

   (a)  to the extent that it has been made in contravention of subsection
        (2);

   (b)  if it takes into account any amount or matter referred to in
        subsection (2A), to the extent that the determination is based on that
        amount or matter.

(3) The adjudicator's determination must be in writing and must include-

   (a)  the reasons for the determination; and

   (b)  the basis on which any amount or date has been decided.

(4) If, in determining an adjudication application, an adjudicator has, in
accordance with section 11, determined-

   (a)  the value of any construction work carried out under a construction
        contract; or

   (b)  the value of any related goods and services supplied under a
        construction contract-

the adjudicator (or any other adjudicator) is, in any subsequent adjudication
application that involves the determination of the value of that work or of
those goods and services, to give the work or the goods and services the same
value as that previously determined unless the claimant or respondent
satisfies the adjudicator concerned that the value of the work or the goods
and services has changed since the previous determination.