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s 26

Applying for adjudication

In force

26 Applying for adjudication

(1)

To apply to have a payment dispute adjudicated, a party to the contract, within 90 business days after the dispute arises or, if applicable, within the period provided for by section 37(2)(b), must —

(a)

prepare a written application for adjudication; and

(b)

serve it on each other party to the contract; and

(c)

serve it —

(i)

if the parties to the contract have appointed a registered adjudicator and that adjudicator consents, on the adjudicator;

(ii)

if the parties to the contract have appointed a prescribed appointor, on that appointor;

(iii)

otherwise, on a prescribed appointor chosen by the party;

and

(d)

provide any deposit or security for the costs of the adjudication that the adjudicator or the prescribed appointor requires under section 44(8) or (9).

(2)

The application —

(a)

must be prepared in accordance with, and contain the information prescribed by, the regulations; and

(b)

must set out the details of, or have attached to it —

(i)

the construction contract involved or relevant extracts of it; and

(ii)

any payment claim that has given rise to the payment dispute;

and

(c)

must set out or have attached to it all the information, documentation and submissions on which the party making it relies in the adjudication.

(3)

A prescribed appointor that is served with an application for adjudication made under subsection (1) must comply with section 28.

[Section 26 amended: No. 55 of 2016 s. 8.]

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Section 26 — Applying for adjudication — Construction Contracts (Former Provisions) Act 2004 (Western Australia) — Barrister AI