Section 11: What does the adjudicator do?
Once the adjudicator has received the application and the response the adjudicator has 10 business days to assess the dispute and make a determination. If no response is provided, then the adjudicator has 10 business days from when a response would have been due.
The adjudicator must decide to dismiss the application without determining the dispute if:
- the contract is not a construction contract;
- the application has not been prepared and served as required;
- a finding has already been made (for example by a court decision or arbitration award); or
- the matter is too complex and there is insufficient time to make a determination.
Otherwise, the adjudicator makes a determination based on which party has the stronger argument, which is in turn based on the paperwork submitted.
The determination made by the adjudicator must be in writing and contain certain information, including the reasons for the decision reached. The determination will set out the amount to be paid and the date by which payment must be made, including interest.
It is important to be aware that the adjudicator may refuse to release the determination until the adjudicator’s fees have been paid. It is usual for the adjudicator to ask the applicant to make a deposit or to pay the fees, and to include the respondent’s payment in the final sum determined to be paid.
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