Construction Contracts Act 2002

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Adjudicator’s fees

57 Adjudicator’s fees


An adjudicator is entitled to be paid, by way of fees and expenses, an amount—


that is agreed between the adjudicator and the parties to the adjudication; or


if there is no agreement, that is reasonable, having regard to the work done and expenses incurred by the adjudicator.


The parties to the adjudication are jointly and severally liable to pay the adjudicator’s fees and expenses.


The parties to the adjudication are each liable to contribute to the adjudicator’s fees and expenses in—


equal proportions; or


the proportions that the adjudicator may determine.


An adjudicator may make a determination under subsection (3)(b) if, in the adjudicator’s view,—


the claimant’s adjudication claim, or the respondent’s response, was without substantial merit; or


a party to the adjudication acted in a contemptuous or improper manner during the adjudication.


An adjudicator is not entitled to be paid any fees and expenses in connection with an adjudication if he or she fails to determine the dispute within the time allowed by section 46(2).


Despite subsection (5), an adjudicator may require payment of his or her fees and expenses before communicating his or her determination on a dispute to the parties to the adjudication.


If an adjudication claim is withdrawn or terminated, or the dispute between the parties is resolved, an adjudicator is entitled to be paid the fees and expenses incurred in the adjudication up to, and including, as the case may be, the date on which—


the adjudication claim was withdrawn or terminated; or


the adjudicator was notified that the dispute had been resolved.