Section sec.82 - Building Industry Fairness (Security of Payment) Act 2017 - Adjudication response

sec.82Adjudication response

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### sec.82 Adjudication response After being given notice of an adjudicator’s acceptance of an adjudication application under section 81 , the respondent may give the adjudicator a response to the adjudication application (the adjudication response ). However, the respondent must not give an adjudication response if the respondent failed to give the claimant a payment schedule as required under section 76 . The adjudication response— must be in writing; and must identify the adjudication application to which it relates; and may include the submissions relevant to the response the respondent chooses to include. However, the adjudication response must not include any reasons ( new reasons ) for withholding payment that were not included in the payment schedule when given to the claimant. The adjudicator may require the respondent to resubmit the adjudication response without the new reasons. (sec.82-ssec.1) After being given notice of an adjudicator’s acceptance of an adjudication application under section 81 , the respondent may give the adjudicator a response to the adjudication application (the adjudication response ). (sec.82-ssec.2) However, the respondent must not give an adjudication response if the respondent failed to give the claimant a payment schedule as required under section 76 . (sec.82-ssec.3) The adjudication response— must be in writing; and must identify the adjudication application to which it relates; and may include the submissions relevant to the response the respondent chooses to include. (sec.82-ssec.4) However, the adjudication response must not include any reasons ( new reasons ) for withholding payment that were not included in the payment schedule when given to the claimant. (sec.82-ssec.5) The adjudicator may require the respondent to resubmit the adjudication response without the new reasons. - (a) must be in writing; and - (b) must identify the adjudication application to which it relates; and - (c) may include the submissions relevant to the response the respondent chooses to include.