Adjudicators: conflicts of interest
29 Adjudicators: conflicts of interest
An appointed adjudicator who has a material personal interest in the payment dispute concerned or in the construction contract under which the dispute has arisen or in any party to the contract is disqualified from adjudicating the dispute.
If an appointed adjudicator is disqualified —
the adjudicator must notify the parties in writing of the disqualification and the reasons for it; and
unless, within 5 business days after the date of the adjudicator’s notice, all of the parties in writing authorise the adjudicator to continue as the appointed adjudicator, the adjudicator’s appointment ceases; and
the applicant may again apply for adjudication in accordance with section 26(1); and
the period commencing on the date when the adjudicator was served with the application for adjudication and ending on and including the date when the adjudicator notifies the parties under paragraph (a) does not count for the purposes of section 26(1).
A party to a payment dispute may apply to the State Administrative Tribunal for a declaration that an appointed adjudicator is disqualified under subsection (1).
The application must be made before the person is notified of a decision or determination made under section 31(2).
[Section 29 amended: No. 55 of 2016 s. 11.]
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