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BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT 1999 - SECT 22
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
(b) the date on which any such amount became or
becomes payable, and
(c) the rate of interest payable on any such amount.
(2) In determining an adjudication application, the adjudicator is to consider
the following matters only-- (a) the provisions of this Act,
(b) 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,
(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.
(3) The adjudicator's determination
must-- (a) be in writing, and
(b) include the reasons for the determination
(unless the claimant and the respondent have both requested the adjudicator
not to include those reasons in the determination), and
(c) be served by the
adjudicator on the claimant and the respondent.
(4) If, in determining an
adjudication application, an adjudicator has, in accordance with section 10,
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.
(5) If the adjudicator's determination
contains-- (a) a clerical mistake, or
(b) an error arising from an accidental
slip or omission, or
(c) a material miscalculation of figures or a material
mistake in the description of any person, thing or matter referred to in the
determination, or
(d) a defect of form,
the adjudicator may, on the
adjudicator's own initiative or on the application of the claimant or the
respondent, correct the determination.
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