Documents attached to an adjudication response that are explanatory of reasons already given in the payment schedule (but not included with the payment schedule) form part of 'submissions duly made' under s 26(2)(d) of BCIPA and must be considered by the adjudicator. An adjudicator who proposes to exclude such material must give the parties notice and an opportunity to make submissions, including by invoking the power under s 25(4) to call for further written submissions. Failure to do so constitutes both jurisdictional error and a substantial breach of natural justice, rendering the entire adjudication decision void.
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