37 Response to adjudication claim

(1)

A respondent may serve a written response to the adjudication claim on the adjudicator—

(a)

within 5 working days after receiving that claim or the adjudicator’s notice of acceptance (whichever is the later); or

(b)

within any further time that the parties to the adjudication agree; or

(c)

within any further time that the adjudicator allows.

(2)

The response may be accompanied by any other documents.

(3)

The respondent must serve a copy of the response and any accompanying documents on the claimant and every other party to the adjudication either before or immediately after they are served on the adjudicator.

(4)

Subsection (5) applies if, before the end of the period referred to in subsection (1)(a), the respondent requests additional time to serve a written response.

(5)

For the purpose of subsection (1)(c), an adjudicator—

(a)

must allow the respondent additional time to serve a written response if the adjudicator considers it necessary—

(i)

having regard to the size or complexity of the claim; or

(ii)

because, in the adjudicator’s opinion, the claim has been served with undue haste and, as a result, the respondent has had insufficient time to prepare his or her response:

(b)

may allow the respondent additional time to serve a written response if the adjudicator considers that additional time is reasonably required for any reason.

Section 37(1): replaced, on 1 December 2015, by section 35(1) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 37(4): inserted, on 1 December 2015, by section 35(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 37(5): inserted, on 1 December 2015, by section 35(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).