MHHS · Prompt Payment and Construction Lien Act
Part 5 — Dispute Adjudication
33.4 Adjudication of dispute
adjudication a dispute with the other party to the contract or
subcontract, as the case may be, respecting any prescribed matter in
accordance with this section and the regulations or the procedures
established by the Nominating Authority responsible for that
matter.
(2) An adjudication may not be commenced if the notice of
adjudication is given more than 30 days after the date of final
payment under the contract or subcontract, unless the parties to the
adjudication agree otherwise.
(3) For the purpose of subsection (2), "date of final payment"
means, subject to subsection (4), the earlier of
(a) the date on which complete payment of the amount set out
in the contract or subcontract, as applicable, is made, and
(b) the date on which complete payment of the amount set out
in the contract or subcontract, as applicable, is required to
be made under section 32.2, 32.3 or 32.5, as the case may
be.
RSA 2000
PROMPT PAYMENT
(4) For the purposes of subsections (2) and (3), "final payment"
does not include
(a) payment of the major lien fund,
(b) payment of the minor lien fund, or
(c) payment for any work done or material furnished
(i) after the certificate of substantial performance is
issued, or
(ii) in a case where a cer tificate of substantial
performance is not issued, after the work to be done
under the contract or subcontract is capable of
completion or correction at a cost of not more than
(A) 3% of the first $500 000 of the contract or
subcontract price,
(B) 2% of the next $500 000 of the contract or
subcontract price, and
(C) 1% of the balance of t he contract or subcontract
price.
(5) If a party commences an action in court with respect to a
dispute on or after the day the dispute is referred to adjudication
under subsection (1), the adjudication and the action in court may
both proceed unless, on the application of a party or on the court's
own motion, the court directs otherwise.
(6) If the court makes an order in respect of the matter in dispute
on the merits of the dispute while the adjudication is still ongoing,
the adjudication is automatically terminated.
2020 c30 s17;2024 c20 s2