You are a construction contractor working under a contract to which BIF applies and you have made a payment claim where;
1. The amount claimed was not paid by the respondent by the due date.
2. The amount scheduled by the respondent was less than the amount claimed.
3. The amount paid was less than the amount scheduled by the respondent.
If any one of the three things above has occurred, you have the right to apply for Adjudication.
Adjudication is a process whereby the amount of the payment claim will be independently decided based on the application and submissions of the claimant and respondent.
An Adjudicator must decide the following;
- Whether they have Jurisdiction to decide
- If the application is frivolous or vexations
- The amount of the payment claim
- The due date for payment
- The rate of interest
- Background of the Project
- The Contract
- Payment Claim
- Payment Schedule
- Reference Date
- Due Date for Payment
- Payment Claim Items in Dispute
- Variations
- Extension of Time
- Practical Completion
- Delay Costs
- Liquidated Damages
- Adjudicators Fees
- Statutory Declarations with Exhibits
- Contract documentation
- Project Documentation such as specifications, drawings, photographs etc…
- Expert reports, which may be on delay claims analysis, quantity surveying reports, defects rectifications reports.
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