Subpart 4—Adjudicator’s determination

45 Adjudicator’s determination: matters to be considered

In determining a dispute, an adjudicator must consider only the following matters:

(a)

the provisions of this Act:

(b)

the provisions of the construction contract to which the dispute relates:

(c)

the adjudication claim referred to in section 36 and the claimant’s written reply (if any) referred to in section 37A, together with all submissions (including relevant documentation) that have been made by the claimant:

(d)

the respondent’s response (if any) referred to in section 37 and the respondent’s rejoinder (if any) referred to in section 37A(4)(b), together with all submissions (including relevant documentation) that have been made by the respondent:

(e)

the report of the experts appointed to advise on specific issues (if any):

(f)

the results of any inspection carried out by the adjudicator:

(g)

any other matters that the adjudicator reasonably considers to be relevant.

Section 45(c): amended, on 1 December 2015, by section 38(1) of the Construction Contracts Amendment Act 2015 (2015 No 92).

Section 45(d): amended, on 1 December 2015, by section 38(2) of the Construction Contracts Amendment Act 2015 (2015 No 92).