To have BAV nominate
an adjudicator to determine your payment
claim, simply prepare an adjudication application
and deliver it to BAV. A sample adjudication
application form prepared by the Building
Commission can be downloaded here:
Adjudication
Application form
You can use the sample form or use it as
a guide.
You should note that under the Act an adjudication
application:
- must be in writing
- must state that the adjudication application
is made under the Act
- must identify the payment
claim and the payment schedule to which
it relates
- may contain any submissions relevant
to the application that the claimant wishes
to include
The application should accurately identify
the respondent and the respondent's contact
details (address; telephone and fax numbers;
email etc). The application should identify
the dates on which claims and any other notices
were delivered to the respondent and the
method of delivery. The submissions should
set out all the relevant facts you want the
adjudicator to take into account. You should
identify the contract (whether it was written
or oral) and the work performed under the
contract. The adjudication application should
contain copies of all of the relevant documents
that the adjudicator needs to make his or
her determination (eg a copy of the contract
if it is in writing; the payment claim and
any other notices; the payment schedule if
any; and any other relevant documents necessary
to support your payment claim).
Applications for adjudication may be submitted
to BAV by fax, post, email or hand delivery.
You are welcome to telephone BAV in the
first instance to discuss the most appropriate
method of delivering your application. A
copy of the adjudication application must
be served on the respondent. You should confirm
service on the respondent in your adjudication
application and identify the date and method
of service.
Should you have any other queries about the
process you may contact
BAV to discuss them.
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