Adjudication under CIPAA 2012 and timelines as advice to the Contractor are as the followings:
Serving of Payment Claim |
The Contractor who claimed for unpaid in whole/ part, to serve the Employer, a payment claim pursuant to section 5 of CIPAA. The Claim must include information prescribed in section 5(2) CIPAA. This notice of claim must be validly served.
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Anytime
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Receive of Claim by Non Paying Party |
Having received the contractor’s claim, the Employer has an option:
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10 working days from the date of receipt of the payment claim.
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Serving of Notice of Adjudication |
Either party may commence adjudication by serving a notice of adjudication to the other party. The serving party is the claimant, and the receiving party, the respondent. The notice of adjudication must be
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Expiry of the 10 working days from the date of receipt of the payment claim.
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Appointing the Adjudicator |
Parties may attempt to agree on an adjudicator, failing which, either party or both parties may request the Director of AIAC to appoint an adjudicator.
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10 working days from the service of the notice of adjudication
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The Director of AIAC to make the appointment within five working days of receipt of the request. The adjudicator appointed may propose and negotiate his terms of appointment. The adjudicator is not obliged to accept the appointment.
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5 working days of receipt of the request.
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If the adjudicator and the parties cannot reach an agreement, or the adjudicator rejects or fails to accept the appointment, then the parties may proceed to appoint another adjudicator.
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within 10 working days from the date he was notified of his appointment
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An adjudicator who accepts the appointment must indicate his acceptance within ten working days from the date he was notified of his appointment. Upon acceptance of his appointment, the adjudicator must submit to AIAC a written declaration: -
(a) there is no conflict of interest; (b) he will act independently, impartially and timely; (c) he comply with the principles of natural justice; (d) there are no circumstances likely to give rise to justifiable doubts. A copy of the adjudicator terms of appointment and fees is send to the Director of AIAC within seven days of his acceptance of the appointment. |
10 working days from the date he was notified of his appointment.
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Deposit of Fee |
The adjudicator is to issue a direction to order the parties to deposit with the Director of KLRCA, the mandatory deposits.
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14 days after acceptance of his appointment.
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Serve an adjudication claim on the respondent |
The claimant is required to serve an adjudication claim on the respondent within ten working days from the date of receipt of the acceptance of appointment by the adjudicator and to provide a copy of the same to the adjudicator. The adjudication claim must contain
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10 working days from the date of receipt of the acceptance of appointment by the adjudicator
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Serve an adjudication response on the claimant |
The respondent is required to serve an adjudication response on the claimant and the adjudicator within ten working days of receipt of the adjudication claim. The adjudication response is to answer the adjudication claim and be accompanied by any supporting documents.
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10 working days of receipt of the adjudication claim.
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Reply to the adjudication response |
The claimant may reply to the adjudication response within five working days from the date of receipt of the adjudication response. The claimant may provide further documents in support of the contentions set out in the adjudication reply.
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5 working days from the date of receipt of the adjudication response.
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Adjudication Decision |
Unless the parties agree to an EOT, the adjudicator must make and deliver his decision within 45 working days from the date of service of the adjudication response or the adjudication reply, whichever is later, or the expiry of the prescribed period for the service of adjudication response, if no adjudication response is received.
If the adjudicator delivers his decision outside the 45 working day period, the adjudication decision is null and void. However, the adjudicator may withhold releasing his decision until the full amount of his fees and expenses have been deposited by the parties with the Director of the AIAC. The adjudication decision must be in writing and be reasoned unless the requirement for reasons is dispensed with by the parties. The adjudicator must make a determination in his decision as to
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45 working days from the date of service of the adjudication response or the adjudication reply.
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Publication of the Adjudication Decision |
A copy of the adjudication decision is to be served on each party and the Director of AIAC. The adjudicator's fees are to be released to him upon the receipt by the Director of AIAC of a copy of the adjudication decision and written confirmation by the adjudicator that he has complied with the time period prescribed by section 12(2) of the CIPAA for the delivery of adjudication decision.
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Anytime
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