Terms used
3 Terms used
In this Act, unless the contrary intention appears —
adjudication means the adjudication of a payment dispute in accordance with Part 3;
applicant, in relation to an adjudication, means the person who, under section 26, makes the application for the adjudication;
appointed adjudicator, in relation to a payment dispute, means the registered adjudicator who, having been appointed under Part 3 to adjudicate the dispute, has been served with the application for adjudication;
Building Commissioner means the officer referred to in the Building Services (Complaint Resolution and Administration) Act 2011 section 85;
business day means a day other than —
a Saturday, Sunday or public holiday; or
a day in the period beginning on 25 December in a year and ending on 7 January in the following year;
construction contract means a contract or other agreement, whether in writing or not, under which a person (the contractor) has one or more of these obligations —
to carry out construction work;
to supply to the site where construction work is being carried out any goods that are related to construction work by virtue of section 5(1);
to provide, on or off the site where construction work is being carried out, professional services that are related to the construction work by virtue of section 5(2);
to provide, on the site where construction work is being carried out, on‑site services that are related to the construction work by virtue of section 5(3)(b);
construction work has the meaning given to that term in section 4;
contractor has the meaning given by the definition of construction contract;
costs of an adjudication has the meaning given to that term in section 44;
determination means a determination, made on an adjudication under Part 3, of the merits of a payment dispute;
obligations, in relation to a contractor, means those of the obligations described in the definition of construction contract that the contractor has under the construction contract;
party, in relation to an adjudication, means the applicant and any person on whom an application for the adjudication is served;
party, in relation to a construction contract, means a party to the contract;
payment claim —
means a claim made under a construction contract —
by the contractor to the principal for payment of an amount in relation to the performance by the contractor of its obligations under the contract; or
by the principal to the contractor for payment of an amount in relation to the performance or non‑performance by the contractor of its obligations under the contract;
and
includes a payment claim that includes matters covered by a previous payment claim;
payment dispute has the meaning given to that term in section 6;
prescribed appointor means a person prescribed as such by the regulations;
principal, in relation to a construction contract, means the party to whom the contractor is bound under the contract;
registered adjudicator means an individual registered as such under section 48.
[Section 3 amended: No. 16 of 2011 s. 128(2)‑(4); No. 55 of 2016 s. 4.]
This provision refers to the regulations (the regulations
). Made under this Act:
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