If a payment dispute
arises under a construction contract, any party to the contract may apply to
have the dispute adjudicated under this Part unless —
(a) an
application for adjudication has already been made by a party, whether or not
a determination has been made, but subject to section 37(2); or
(b) the
dispute is the subject of an order, judgment or other finding by an arbitrator
or other person or a court or other body dealing with a matter arising under a
construction contract.