Applying for adjudication
26 Applying for adjudication
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 —
prepare a written application for adjudication; and
serve it on each other party to the contract; and
serve it —
if the parties to the contract have appointed a registered adjudicator and that adjudicator consents, on the adjudicator;
if the parties to the contract have appointed a prescribed appointor, on that appointor;
otherwise, on a prescribed appointor chosen by the party;
and
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).
The application —
must be prepared in accordance with, and contain the information prescribed by, the regulations; and
must set out the details of, or have attached to it —
the construction contract involved or relevant extracts of it; and
any payment claim that has given rise to the payment dispute;
and
must set out or have attached to it all the information, documentation and submissions on which the party making it relies in the adjudication.
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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