Singapore legislation
Section 17
of Building and Construction Industry Security of Payment Act 2004
Section 17
Determination of adjudicator
(1)
An adjudicator must determine an adjudication application —
within 7 days after the commencement of the adjudication under section 16(1) or (2) (as the case may be) or within such longer period as may have been requested by the adjudicator and agreed to by the claimant and the respondent, if the adjudication relates to a construction contract and the respondent —
has failed to make a payment response and to lodge an adjudication response by the commencement of the adjudication; or
has failed to pay the response amount, which has been accepted by the claimant, by the due date; or
in any other case, within 14 days after the commencement of the adjudication under section 16(1) or (2) (as the case may be) or within such longer period as may have been requested by the adjudicator and agreed to by the claimant and the respondent.
(2)
An adjudicator must, in relation to an adjudication application, determine —
the adjudicated amount (if any) to be paid by the respondent to the claimant;
the date on which the adjudicated amount is payable;
the interest payable on the adjudicated amount; and
the proportion of the costs of the adjudication payable by each party to the adjudication,and must include, in the determination, the reasons therefor.
(3)
In determining an adjudication application, an adjudicator must disregard any part of a payment claim or a payment response related to damage, loss or expense that is not supported by —
any document showing agreement between the claimant and the respondent on the quantum of that part of the payment claim or the payment response; or
any certificate or other document that is required to be issued under the contract.
(4)
Subject to subsection (5), in determining an adjudication application, an adjudicator may only have regard to the following matters:
the provisions of this Act;
the provisions of the contract to which the adjudication application relates;
the payment claim to which the adjudication application relates, the adjudication application, and the accompanying documents thereto;
the payment response to which the adjudication application relates (if any), the adjudication response (if any), and the accompanying documents thereto;
the results of any inspection carried out by the adjudicator of any matter to which the adjudication relates;
the report of any expert appointed to inquire on specific issues;
the submissions and responses of the parties to the adjudication, and any other information or document provided at the request of the adjudicator in relation to the adjudication;
any other matter that the adjudicator reasonably considers to be relevant to the adjudication.
(5)
In determining an adjudication application, an adjudicator is not bound by any payment response, or any assessment in relation to the progress payment, that is provided in the contract to be final or binding on the parties to the contract, whether subject to any term or condition or otherwise.
(6)
The adjudicator must not consider an objection from the respondent of any nature that was not included in the adjudication response, unless —
the circumstances of that objection only arose after the respondent lodged the adjudication response with the authorised nominating body;
the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body; or
the objection relates to a patent error.
(7)
If, in determining an adjudication application, an adjudicator has determined in accordance with section 7 —
the value of any construction work carried out under a construction contract; or
the value of goods or services supplied under a contract,the adjudicator (or any other adjudicator) must, in any subsequent adjudication application that involves the determination of the value of that work or of those goods or services, give the construction work or the goods or services (as the case may be) the same value as that previously determined unless the claimant or respondent satisfies the adjudicator concerned that the value thereof has changed since the previous determination.
(8)
If the determination of an adjudicator contains —
a clerical mistake;
an error arising from an accidental slip or omission; or
a defect of form,the adjudicator may, on the adjudicator’s own initiative or on the application of the claimant or the respondent, correct the mistake, error or defect, as the case may be.
(9)
Except as provided in subsection (8), the adjudicator must not change his or her determination on any adjudication application.
(10)
The authorised nominating body —
must serve a copy of the adjudication determination, and any amended adjudication determination, on the claimant and the respondent; and
must serve on the principal (if known) and the owner concerned a written notice that the adjudication determination has been made or amended, as the case may be.
(11)
The notice mentioned in subsection (10)(b) must contain such particulars as may be prescribed.