Prescribed appointors' responsibilities

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Consumer

Practice directions

Confidentiality

A prescribed appointor must keep confidential the identities of the parties to the adjudication.

Conflict of interest

A prescribed appointor must ensure the adjudicator does not have a conflict of interest. This should be confirmed prior to appointing an adjudicator. If a conflict of interest exists, the prescribed appointor must select another adjudicator.

Fees

Setting fees

Prescribed appointors may set their own fees. The fees to be charged must be notified to the Building Commissioner and will be published on the Department's website and related publications. A prescribed appointor should ensure that fees to be charged are readily available to the public through the prescribed appointor's own publications.

Collecting fees

A prescribed appointor may require a deposit against the likely fees before arranging an appointment.

Responsibility to update contact details

Prescribed appointors must ensure that the Building Commissioner is kept informed of changes to their contact details so that service of requisite documents can be effected and parties to a payment dispute have their legal rights preserved ie that the strict time frames in the Act are met.

Reporting requirements

All documents required under these reporting requirements are to be emailed to the Building Commissioner at cca@dmirs.wa.gov.au in Microsoft Word 97 format or equivalent.

Notification of receipt of application for adjudication

Following receipt of an application such as the Application for adjudication – Form 2 a prescribed appointor must, within five business days of receiving the application notify the Building Commissioner of:

(a) the names of the parties to the payment dispute together with their ABNs (if so registered);
(b) the date the application was signed by the applicant  and the date the application was received by the appointor;  and
(c) the name of the appointed adjudicator and the date of the appointment.

Section 28 of the Construction Contracts Act 2004 applies to the conduct of all appointments.

 

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