WHEN AVAILABLE?

Unless both parties agree to allow the adjudicator more time, your adjudicator is required to determine your matter:

• within 10 business days of notifying the parties of his or her acceptance of your matter, or

• within 10 business days after receiving the adjudication response.

However, parties will not generally be given the decision until the adjudicator's fees and expenses have been paid.

If your adjudicator fails to make a determination within the time allowed by the Act, the claimant has 5 business days to withdraw its adjudication application and make a new application. See, for example, Parwood Pty Ltd v Trinity Constructions Pty Ltd [2020] NSWCA 172 and the consideration of same in Davenport, P, Construction Claims, 4th ed, 2020, Federation Press.