BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 45 Adjudicator's and review adjudicator's fees
BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2002 - SECT 45
Adjudicator's and review adjudicator's fees(1) In this section—
"adjudicator" includes a review adjudicator;
"adjudication application" includes an adjudication review application.
(2) An adjudicator is entitled to be paid for determining an adjudication application—
(a) the amount, by way of fees and expenses, that is agreed between the adjudicator and the parties to the adjudication; or
(b) if no amount is agreed, the amount, by way of fees and expenses, that is reasonable having regard to the work done and expenses incurred by the adjudicator.
(3) The claimant and respondent are jointly and severally liable to pay the adjudicator's fees and expenses.
(4) As between themselves, the claimant and respondent are each liable to contribute to the adjudicator's fees and expenses in equal proportions or in such proportions as the adjudicator may determine.
(5) An adjudicator is not entitled to be paid any fees or expenses in connection with the determination of an application if he or she fails to make a decision on the application (otherwise than because the application is withdrawn or the dispute between the claimant and respondent is resolved) within the time allowed by section 22(4) or 28I(10) (as the case requires).
(6) Subsection (5) does not apply—
(a) in circumstances in which an adjudicator refuses to communicate his or her decision on an adjudication application until his or her fees and expenses are paid; or
(b) in such other circumstances as may be prescribed for the purposes of this section.
(7) If a party refuses to pay his or her required contribution to the amount of the fees and expenses that are payable to the adjudicator, the other party may elect to pay both parties' contribution to the adjudicator.
(8) If a party elects under subsection (7) to pay the other party's contribution to the adjudicator, the adjudicator, as the case requires—
(a) must determine that that amount is to be added to the adjudicated amount determined under section 23 and the total of those amounts is then to be taken to be the adjudicated amount for the purposes of this Act; or
(b) must determine that that amount is to be added to the amount payable (if any) by the other party under the review determination and the total of those amounts is then to be taken to be the amount payable by the other party under the review determination for the purposes of this Act.
S. 46 amended by No. 42/2006 s. 36.