Section 10: What happens once I have made an application for adjudication?
Once an application for adjudication has been properly served, the first step will be for the appointor to appoint an adjudicator to determine your dispute.
Under the Act, the appointor must appoint an adjudicator within five business days after receiving the application and notify all parties in writing accordingly. If the appointor fails to appoint an adjudicator within this timeframe, then the Building Commission will do so.
The second step is for the respondent to then prepare its response. The respondent has 10 business days from being served with the application to prepare a response.
If you are the respondent, it is important to be aware of the time limit you have for preparing a submission. Failure to provide a response does not prevent the adjudicator from determining the payment dispute, and without your submission it may make it difficult for the adjudicator to assess your position or make a determination in your favour.
The response must be in writing and contain certain information. This includes:
- the name of the appointed adjudicator or prescribed appointor and their contact details;
- the applicant’s name and contact details;
- the respondent’s name and contact details;
- the details of the rejection or dispute of the payment claim; and
- any information, documentation and submissions which will be relied upon in the adjudication.
Once the response has been prepared it must be served on the applicant and the adjudicator (or the appointor if an adjudicator has not yet been appointed). The Building Commission has produced a form to assist you in preparing a response, which is available on the Commission’s website.
The third step is then for the adjudicator to assess the payment dispute and make a determination based on the information provided by both parties.
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