NSWIn ForceAct
Building and Construction Industry Security of Payment Act 1999
29Adjudicator’s fees
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#### 29 Adjudicator’s fees
29 Adjudicator’s fees
> > (1) An adjudicator is entitled to be paid for adjudicating an adjudication application—
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> > > (a) such amount, by way of fees and expenses, as is agreed between the adjudicator and the parties to the adjudication, or
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> > > (b) if no such amount is agreed, such amount, by way of fees and expenses, as is reasonable having regard to the work done and expenses incurred by the adjudicator.
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> > (2) The claimant and respondent are jointly and severally liable to pay the adjudicator’s fees and expenses.
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> > (3) The claimant and respondent are each liable to contribute to the payment of the adjudicator’s fees and expenses in equal proportions or in such proportions as the adjudicator may determine.
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> > (4) An adjudicator is not entitled to be paid any fees or expenses in connection with the adjudication of an adjudication application if he or she fails to make a decision on the application (otherwise than because the application is withdrawn or the dispute between the claimant and respondent is resolved) within the time allowed by section 21(3).
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> > (5) Subsection (4) does not apply—
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> > > (a) in circumstances in which an adjudicator refuses to communicate his or her decision on an adjudication application until his or her fees and expenses are paid, or
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> > > (b) in such other circumstances as may be prescribed by the regulations for the purposes of this section.
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> **s 29:** Am 2002 No 133, Sch 1 \[45\].