Singapore legislation
Section 18
of Building and Construction Industry Security of Payment Act 2004
Section 18
Adjudication review applications
(1)
This section applies to a respondent who is a party to an adjudication if the adjudicated amount exceeds the relevant response amount by the prescribed amount or more, and to a claimant who is a party to an adjudication if the claimed amount exceeds the adjudicated amount by the prescribed amount or more.
(2)
Subject to subsection (3), where a respondent or a claimant to whom this section applies is aggrieved by the adjudicator’s determination, the respondent or claimant may, within 7 days after being served the adjudication determination, lodge an application for the review of the determination with the authorised nominating body with which the application for the adjudication had been lodged under section 13.
(3)
Where the respondent is required in consequence of the adjudication determination to pay an adjudicated amount to the claimant, the respondent must not lodge any application for the review of the determination unless the respondent has paid the adjudicated amount to the authorised nominating body.
(4)
An adjudication review application —
must be made in writing addressed to the authorised nominating body requesting it to appoint one or more review adjudicators to determine the application;
must contain such information or be accompanied by such documents as may be prescribed; and
must be accompanied by such application fee as may be determined by the authorised nominating body.
(5)
The authorised nominating body must, upon receiving an adjudication review application —
serve —
a copy thereof on the claimant or the respondent, as the case may be; and
a written notice that the application has been made on the principal (if known) and the owner concerned; and
subject to subsection (7) and in accordance with the prescribed criteria, appoint a review adjudicator or a panel of 3 review adjudicators.
(6)
The authorised nominating body must, within 7 days after receiving the adjudication review application, serve a written notice confirming the appointment of the review adjudicator or the panel of review adjudicators (as the case may be) on the parties to the adjudication review, the principal (if known) and the owner concerned.
(7)
For the purpose of subsection (5)(b) —
section 14(1) and (2) applies with the necessary modifications; and
the authorised nominating body must not appoint an adjudicator whose determination is the subject of the adjudication review.