BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 (NO. 4 OF 2021) - SECT 48
BUILDING AND CONSTRUCTION INDUSTRY (SECURITY OF PAYMENT) ACT 2021 (NO. 4 OF 2021) - SECT 48
48 . Review adjudicator’s determination
(1) The review
adjudicator must —
(a)
confirm the determination of the adjudicator that is the subject of the
adjudication review application; or
(b)
quash that determination and make a determination under this section.
(2) If that
determination is quashed, the review adjudicator must determine —
(a) the
amount of the progress payment, if any, to be paid by the respondent to the
claimant; and
(b) the
due date for the payment of that amount under section 20; and
(c) the
rate of interest payable on that amount under section 21; and
(d) if
no amount of progress payment is required to be paid — that no
amount is payable.
(3) If the respondent
has already paid an amount to the claimant under a determination of an
adjudicator that is quashed —
(a) the
amount is taken to have been paid by the respondent under the determination of
the review adjudicator; and
(b) if
the amount exceeds the amount payable under the determination of the review
adjudicator — the claimant must repay that excess amount to the
respondent and pay interest on that excess amount at the same rate as the
respondent is required to pay on the adjudicated amount under section 21.
(4) The review
adjudicator’s determination must specify —
(a) the
amount that has already been paid by the respondent; and
(b) any
excess amount that is repayable by the claimant and the date on which it
becomes repayable.
(5) The review
adjudicator’s determination must —
(a) be
made in writing and be in the approved form (if any); and
(b)
include the reasons for the determination; and
(c) be
given by the review adjudicator to the claimant, the respondent, the
authorised nominating authority that appointed the review adjudicator and the
Building Commissioner.
(6) The Building
Commissioner may give a copy of the review adjudicator’s determination
to the adjudicator who made the determination that was the subject of the
adjudication review application.
(7) The review
adjudicator may, on the review adjudicator’s own initiative or on the
application of the claimant or respondent, correct the review
adjudicator’s determination if it contains —
(a) a
clerical mistake or defect of form; or
(b) an
error arising from an accidental slip or omission; or
(c) a
material arithmetic error or a material mistake in the description of any
person, thing or matter.