18Adjudication applications

18 Adjudication applications S. 18(1) substituted by No. 42/2006 s. 20(1). (1) A claimant may apply for adjudication of a payment claim (an ***adjudication application***) if— (a) the respondent provides a payment schedule under Division 1 but— (i) the scheduled amount indicated in the payment schedule is less than the claimed amount indicated in the payment claim; or (ii) the respondent fails to pay the whole or any part of the scheduled amount to the claimant by the due date for payment of the amount; or (b) the respondent fails to provide a payment schedule to the claimant under Division 1 and fails to pay the whole or any part of the claimed amount by the due date for payment of the amount. S. 18(2) substituted by No. 42/2006 s. 20(1). (2) An adjudication application to which subsection (1)(b) applies cannot be made unless— (a) the claimant has notified the respondent, within the period of 10 business days immediately following the due date for payment, of the claimant's intention to apply for adjudication of the payment claim; and (b) the respondent has been given an opportunity to provide a payment schedule to the claimant within 2 business days after receiving the claimant's notice. S. 18(3) substituted by No. 42/2006 s. 20(1). (3) An adjudication application— (a) must be in writing; and (b) subject to subsection (4), must be made to an authorised nominating authority chosen by the claimant; and (c) in the case of an application under subsection (1)(a)(i), must be made within 10 business days after the claimant receives the payment schedule; and (d) in the case of an application under subsection (1)(a)(ii), must be made within 10 business days after the due date for payment; and (e) in the case of an application under subsection (1)(b), must be made within 5 business days after the end of the 2 day period referred to in subsection (2)(b); and (f) must identify the payment claim and the payment schedule (if any) to which it relates; and (g) must be accompanied by the application fee (if any) determined by the authorised nominating authority; and (h) may contain any submissions relevant to the application that the claimant chooses to include. S. 18(4) substituted by No. 42/2006 s. 20(1). (4) If the construction contract to which the payment claim relates lists 3 or more authorised nominating authorities, the application must be made to one of those authorities chosen by the claimant. (5) A copy of the adjudication application must be served on the respondent. S. 18(6) repealed by No. 42/2006 s. 20(2). (7) It is the duty of an authorised nominating authority to which an adjudication application is made to refer the application to an adjudicator as soon as practicable. S. 18(8) amended by No. 42/2006 s. 20(3). (8) An adjudicator to whom an application is referred under subsection (7) must be a person who is eligible to be an adjudicator as referred to in section 19.