Singapore legislation
Section 16
of Building and Construction Industry Security of Payment Act 2004
Section 16
Commencement of adjudication and adjudication procedures
(1)
An adjudication commences immediately upon the expiry of the period mentioned in section 15(1) within which the respondent may lodge an adjudication response.
(2)
If an adjudicator is appointed under section 14A(3), a new adjudication commences as if the adjudication under subsection (1) had not commenced, immediately upon expiry of the period mentioned in section 14A(3) within which the notice confirming the adjudicator’s appointment must be served.
(3)
Subject to subsection (4), an adjudicator must reject —
any adjudication application that is not made in accordance with section 13(3)(a), (b) or (c); and
any adjudication response that is not lodged within the period referred to in section 15(1).
(4)
Despite subsection (3), an adjudicator may accept any adjudication application that is not made in accordance with section 13(3)(c) if the adjudicator is satisfied that the non‑compliance does not materially prejudice the respondent.
(5)
An adjudicator must —
act independently, impartially and in a timely manner;
avoid incurring unnecessary expense; and
comply with the principles of natural justice.
(6)
Subject to subsection (5), an adjudicator may do all or any of the following in relation to an adjudication:
conduct the adjudication in such manner as the adjudicator thinks fit;
require submissions or documents from any party to the adjudication;
set deadlines for the submissions or documents to be provided by any party and for the submissions or responses thereto by any other party;
appoint, after notifying the parties, an independent expert to inquire and report on specific issues relevant to the adjudication;
call a conference of the parties;
carry out an inspection of any construction work, construction site, goods or any other matter to which the adjudication relates;
issue such directions as may be necessary or expedient for the conduct of the adjudication.
(7)
Where an adjudicator has called for a conference of the parties to an adjudication, a party to the adjudication must not be represented by more than 2 representatives (whether legally qualified or otherwise) unless the adjudicator permits otherwise.
(8)
The parties to an adjudication must comply with any requirement made or direction issued by the adjudicator in accordance with this section.
(9)
An adjudicator’s power to determine an adjudication application is not affected by the failure of —
the respondent to provide a payment response or lodge an adjudication response; or
any of the parties to comply with the adjudicator’s call for a conference of the parties or any other requirement made or direction issued by the adjudicator,and in the event of any such failure, the adjudicator may determine the application on the basis of the information and documents available to the adjudicator.
(10)
The determination of an adjudicator on any adjudication application must be in writing.