31A Compliance with requirements of Act relating to supply of certain information

(1)

No notice of adjudication is invalid for any failure to comply strictly with the requirements of section 28(2)(a) to (d) and (g) as long as—

(a)

the notice is in writing; and

(b)

the nature of the dispute and the names of the parties involved are stated in the notice; and

(c)

any non-compliance does not mislead or unjustly affect the interests of the recipient.

(2)

If a notice of adjudication fails, in accordance with section 28(2)(e) or (f), to state whether a charging order is being sought, approval for the issue of a charging order may not be given.

(3)

A notice of adjudication that fails to comply with section 28(3) has no effect and—

(a)

this Part applies as if no notice of adjudication had been served; and

(b)

the claimant may serve on the respondent a new notice of adjudication that complies with section 28(3).

(4)

If a party to an adjudication wishes to provide another party or the adjudicator with copies of, or extracts from, the construction contract but is for any reason unable to do so (for example, in a case where the contract is oral), that party may provide the missing information in the form of a statutory declaration together with any supporting documents that are available.

Compare: 2002 No 46 s 64

Section 31A: inserted, on 1 December 2015, by section 30 of the Construction Contracts Amendment Act 2015 (2015 No 92).