How long does an adjudicator have to make a determination under the Security Of Payment Act?

The adjudicator has either:

• Ten (10) business days after the adjudicator has notified the claimant and respondent of acceptance of the application, or
• such longer time as both the claimant and the respondent may agree.

How does the adjudicator determine the adjudication application?

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

• the Security of Payment Act
• the contract (oral or written)
• the payment claim
• the payment schedule (if any)
• the adjudication application
• the adjudication response (if any)
• the results of the inspector (if any), and
• submissions and documents made by the parties at a conference (if any), call by an adjudicator.

What does an adjudicator determine under the Security Of Payment Act?

The adjudicator determines:

• the amount of the progress payment, if any, that the respondent must pay the claimant
• the date on which the amount became, or becomes, payable
• the rate of interest payable on such amount, and
• the proportion of adjudication fees payable by each party.

if, in previous adjudication, the adjudicator or another adjudicator has determined the value of the work, goods or services, the adjudicator must give that work, goods or services the same value, unless the claimant or respondent satisfies the adjudicator that the value has changed since the previous adjudication.

The determination must be in writing, unless both parties request otherwise, the determination must include the reason for the determination