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Section 17

Withdrawal and recommencement of adjudication proceedings

of Construction Industry Payment and Adjudication Act 2012

ActIn forceProvision 17 of 41
Section 17
(1)

A claimant may at any time withdraw an adjudication claim by serving a notice of withdrawal in writing on the respondent and the adjudicator.

(2)

The claimant shall bear the costs arising out of the withdrawal of the adjudication proceedings unless the adjudicator orders otherwise.

(3)

The claimant who has withdrawn the adjudication claim is free to recommence adjudication on the same subject matter by serving a new notice of adjudication in accordance with section 8.

(4)

If an adjudicator dies, resigns or is unable through illness or any other cause to complete the adjudication proceedings—

(a)

the adjudication proceedings come to an end and the parties are free to recommence adjudication proceedings afresh; or

(b)

the adjudication proceedings may be continued by a new adjudicator appointed by the parties and the adjudication proceedings shall continue as if there is no change of adjudicator.

Act 746