South Australian Numbered Acts

BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO 77 OF 2009) - SECT 22

22—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 any such amount became or becomes payable; and

            (c)         the rate of interest payable on any such amount.

        (2)         In determining an adjudication application, the adjudicator is to consider the following matters only:

            (a)         the provisions of this Act;

            (b)         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.

        (3)         The adjudicator's determination must—

            (a)         be in writing; and

            (b)         include the reasons for the determination (unless the claimant and respondent have both requested the adjudicator not to include those reasons in the determination).

        (4)         If, in determining an adjudication application, an adjudicator has, in accordance with section 10, determined—

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

            (b)         the value of 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 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.

        (5)         If the adjudicator's determination contains—

            (a)         a clerical mistake; or

            (b)         an error arising from an accidental slip or omission; or

            (c)         a material miscalculation of figures or a material mistake in the description of a person, thing or matter referred to in the determination; or

            (d)         a defect of form,

the adjudicator may, on the adjudicator's own initiative or on the application of the claimant or the respondent, correct the determination.