48Acceptance of notice of dispute lodged with Director

48 Acceptance of notice of dispute lodged with Director

(1)  The Director, within 10 business days after a notice of dispute is lodged under section 47(1) , must accept or reject the notice of dispute.

(1A)  [Section 48 Subsection (1A) inserted by No. 9 of 2023, s. 57, Applied:01 Jul 2024] Before making a decision under subsection (1) in respect of a notice of dispute, the Director may request additional information, in respect of the dispute to which the notice relates, from one or more parties to the dispute.

(2)  The Director must reject under subsection (1) a notice of dispute in relation to a dispute if the Director is satisfied that –

(a) [Section 48 Subsection (2) amended by No. 9 of 2023, s. 57, Applied:01 Jul 2024] the notice of dispute has not been lodged within 6 years after the date of practical completion of the residential building work to which the notice relates; or

(ab) [Section 48 Subsection (2) amended by No. 9 of 2023, s. 57, Applied:01 Jul 2024] a notice of dispute in relation to the same dispute, between a building contractor and the owner, has been accepted under this section; or

(ac) [Section 48 Subsection (2) amended by No. 9 of 2023, s. 57, Applied:01 Jul 2024] the notice of dispute relates to a matter that is the subject of an adjudication application under the Building and Construction Industry Security of Payment Act 2009 and –

(i) that application has not been rejected, or withdrawn, under that Act; or

(ii) the matter has been resolved, or determined, under that Act; or

(b) proceedings under another Act, or in a court, in relation to the dispute to which the notice relates have commenced.

(3)  The Director may reject under all, or part of, a notice of dispute in relation to a dispute if the Director is satisfied that –