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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 26
Claimant may make new application in certain circumstances
26 Claimant may make new application in certain circumstances
(1) This section applies if-- (a) a claimant fails to receive an adjudicator's
notice of acceptance of an adjudication application within 4 business days
after the application is made, or
(b) an adjudicator who accepts an
adjudication application fails to determine the application within the time
allowed by section 21(3).
(2) In either of those circumstances, the
claimant-- (a) may withdraw the application, by notice in writing served on
the adjudicator or authorised nominating authority to whom the application was
made, and
(b) may make a new adjudication application under section 17.
(3)
Despite section 17(3)(c), (d) and (e), a new adjudication application may be
made at any time within 5 business days after the claimant becomes entitled to
withdraw the previous adjudication application under subsection (2).
(4) This
Division applies to a new application referred to in this section in the same
way as it applies to an application under section 17.
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