An adjudicator under the Building & Construction Industry Security of Payment Act 1999 (NSW) is required independently to apply the contractual mechanism for calculating progress payments and is not bound by a progress certificate issued by the architect or certifier under the contract. The statutory references to calculation 'in accordance with the terms of the contract' refer to the contractual mechanism, not to the person who performs the certification. Any error by the adjudicator in applying the contractual mechanism is an error within jurisdiction, not a jurisdictional error amenable to certiorari.
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