23Adjudicator's determination

23 Adjudicator's determination (1) An adjudicator is to determine— (a) the amount of the progress payment (if any) to be paid by the respondent to the claimant (the ***adjudicated amount***); and S. 23(1)(b) amended by No. 42/2006 s. 23(1)(a). (b) the date on which that amount became or becomes payable; and S. 23(1)(c) inserted by No. 42/2006 s. 23(1)(b). (c) the rate of interest payable on that amount in accordance with section 12(2). Note to s. 23(1) amended by No. 42/2006 s. 23(1)(c). The adjudicated amount may be added to under section 45(8). S. 23(2) amended by No. 42/2006 s. 23(1)(d). (2) In determining an adjudication application, the adjudicator must consider the following matters and those matters only— (a) the provisions of this Act and any regulations made under this Act; S. 23(2)(b) amended by No. 42/2006 s. 23(1)(e). (b) subject to this Act, the provisions of the construction contract from which the application arose; (c) the payment claim to which the application relates, together with all submissions (including relevant documentation) that have been duly made by the claimant in support of the claim; S. 23(2)(d) amended by No. 42/2006 s. 23(1)(f). (d) the payment schedule (if any) to which the application relates, together with all submissions (including relevant documentation) that have been duly made by the respondent in support of the schedule; (e) the results of any inspection carried out by the adjudicator of any matter to which the claim relates. S. 23(2A) inserted by No. 42/2006 s. 23(2). (2A) In determining an adjudication application, the adjudicator must not take into account— (a) any part of the claimed amount that is an excluded amount; or (b) any other matter that is prohibited by this Act from being taken into account. S. 23(2B) inserted by No. 42/2006 s. 23(2). (2B) An adjudicator's determination is void— (a) to the extent that it has been made in contravention of subsection (2); (b) if it takes into account any amount or matter referred to in subsection (2A), to the extent that the determination is based on that amount or matter. S. 23(3) substituted by No. 42/2006 s. 23(3). (3) The adjudicator's determination must be in writing and must include— (a) the reasons for the determination; and (b) the basis on which any amount or date has been decided. S. 23(4) substituted by No. 42/2006 s. 23(3). (4) If, in determining an adjudication application, an adjudicator has, in accordance with section 11, determined— (a) the value of any construction work carried out under a construction contract; or (b) the value of any related goods and services supplied under a construction contract— the adjudicator (or any other adjudicator) is, in any subsequent adjudication application that involves the determination of the value of that work or of those goods and services, to give the work or the goods and services the same value as that previously determined unless the claimant or respondent satisfies the adjudicator concerned that the value of the work or the goods and services has changed since the previous determination. S. 23A (Heading) amended by No. 34/2013 s. 35(Sch. 2 item 1.3). S. 23A inserted by No. 42/2006 s. 24.