AustLII Tasmanian Numbered Acts

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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 2009 (NO. 86 OF 2009) - SECT 25

Determination of adjudication application

(1)  An adjudicator is to determine an adjudication application –
(a) by determining whether or not all or part of a progress payment is to be paid by the respondent to the claimant; and
(b) if the adjudicator determines that all or part of a progress payment is to be paid by the respondent to the claimant, by determining –
(i) the amount of the payment; and
(ii) the date on which the payment became or becomes payable; and
(iii) the rate of interest payable on the amount.
(2)  In determining an adjudication application, an adjudicator is to consider only the following matters:
(a) the provisions of this Act;
(b) the provisions of the building or construction contract to which the application relates;
(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)  An adjudicator may determine an adjudication application even if –
(a) a party fails to make a submission or comment within the period specified by the adjudicator; or
(b) a party fails to attend a conference called by the adjudicator.
(4)  The adjudicator's determination –
(a) must be in writing; and
(b) must include the reasons for the determination, unless the claimant and the respondent have both requested the adjudicator not to include the reasons in the determination.
(5)  If an adjudicator, in determining an adjudication application, has determined in accordance with section 13 the value of building work or construction work carried out, or of building or construction-related goods and services supplied, under a building or construction contract, the same value is to be determined for that work or those goods and services in any determination of a subsequent adjudication application in relation to the contract.
(6)  Despite subsection (5) , a different value may be determined if a party to the subsequent adjudication application satisfies the adjudicator of that application that the value of the works or goods and services has changed since the value was first determined.
(7)  An adjudicator may determine that a party to an adjudication is required to pay to another party to the adjudication some or all of the costs that have been incurred by the other party because of frivolous or vexatious conduct, or the making of unfounded submissions, by the first-mentioned party.
(8)  An adjudicator may, on his or her own initiative or on the application of a claimant or respondent, correct –
(a) a clerical mistake in a determination under this section; or
(b) an error arising from an accidental slip or omission in a determination under this section; or
(c) a material miscalculation of figures or a material mistake in the description of a person, thing or matter referred to in a determination under this section; or
(d) a defect of form in a determination under this section.



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