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.