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ARTICLE · 24 MARCH 2023

An Adjudicator's Power To Request Further Submissions

Vincent Young
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Pursuant to section 21(4) of Building and Construction Industry Security of Payment Act 1999 No 46 (NSW)(SOPA), adjudicators have powers to request further submission from either party...

AustraliaReal Estate and Construction
Brett Vincent
Brett Vincent

Pursuant to section 21(4) of Building and Construction Industry Security of Payment Act 1999 No 46 (NSW)(SOPA), adjudicators have powers to request further submission from either party provided that the other party has an opportunity to reply.

Adjudicators can exercise this power any time after an initial submission has been submitted. The adjudicator does not need to wait for the Adjudication Response to be served when issuing a request for further submission.1

How far do these powers extend?

Section 21(4) of SOPA does not explicitly limit what can be requested by an adjudicator in the further submission. However, the adjudicator must ensure that there is no denial of natural justice to a party in requesting further submissions.

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