Victorian Consolidated Legislation

Building and Construction Industry Security of Payment Act 2002 - SECT 28Q

Adjudication certificates

28Q. Adjudication certificates



(1) An adjudication certificate provided by an authorised nominating authority
on a request under this Division must state that it is made under this Act and
specify the following matters-

   (a)  the name of the person requesting the certificate;

   (b)  the name of the person who is liable to pay the adjudicated amount;

   (c)  the amount payable under section 28M or 28N;

   (d)  the date on which payment of that amount was due to be paid to the
        person requesting the certificate.

(2) If any amount of interest that is due and payable on the amount payable
under section 28M or 28N is not paid by the respondent, the person requesting
the adjudication certificate may request the authorised nominating authority
to specify the amount of interest payable in the adjudication certificate.



(3) If an amount of interest is specified in the adjudication certificate to
be paid by the respondent, the amount is to be added to, and becomes part of,
the adjudicated amount.

(4) If the claimant has paid the respondent's share of the adjudication fees
in relation to the adjudication or the adjudication review fees in relation to
any adjudication review (as the case requires) but has not been reimbursed by
the respondent for that amount (the unpaid share), the claimant may request
the authorised nominating authority to specify the unpaid share in the
adjudication certificate.

(5) If the respondent has paid the claimant's share of the adjudication review
fees in relation to any adjudication review but has not been reimbursed by the
claimant for that amount, the respondent may request the authorised nominating
authority to specify that share of the fees in the adjudication certificate.

(6) If the unpaid share is specified in the adjudication certificate it is to
be added to, and becomes part of, the adjudicated amount.

(7) In this section adjudicated amount includes an amount payable by the
respondent or the claimant under a review determination.