Singapore legislation
Section 19
of Building and Construction Industry Security of Payment Act 2004
Section 19
Adjudication review procedures, etc.
(1)
An adjudication review commences on the date immediately after the authorised nominating body confirms the appointment of the review adjudicator or the panel of review adjudicators (as the case may be) under section 18(6).
(2)
If an adjudicator is appointed under section 18A(3) to replace a review adjudicator, or if 3 adjudicators are appointed under section 18A(3) to replace 3 members of a panel of review adjudicators, a new adjudication review commences —
immediately upon expiry of the period mentioned in section 18A(3) within which the notice confirming the adjudicator’s appointment must be served; and
as if the adjudication review under subsection (1) had not commenced.
(3)
If 2 or fewer adjudicators are appointed under section 18A(3) to replace 2 or fewer members of a panel of review adjudicators, the adjudication review resumes for the reconstituted panel to hear and determine so much of the adjudication review as the panel considers fit —
immediately upon expiry of the period mentioned in section 18A(3) within which the notice confirming the adjudicator’s appointment must be served; and
whether or not any part of the adjudication review has been heard by the previous panel of adjudicators.
(4)
In subsection (3), the reconstituted panel may have regard to the evidence given and arguments adduced during the part of the adjudication review heard by the previous panel of review adjudicators.
(5)
The review adjudicator or the panel of review adjudicators (as the case may be) must reject any adjudication review application that is not made —
within the period mentioned in section 18(2); or
in accordance with section 18(4)(a) or (b).
(6)
The review adjudicator or the panel of review adjudicators (as the case may be) must determine the adjudication review application within —
14 days after the commencement of the adjudication review under subsection (1) or (2), as the case may be;
the remainder of the 14 days after the resumption of the adjudication review under subsection (3); or
such longer period as may have been requested by the review adjudicator or the panel of review adjudicators (as the case may be) and agreed to by the claimant and the respondent.
(7)
In relation to any adjudication review application, a review adjudicator or a panel of review adjudicators (as the case may be) may —
substitute the adjudication determination that is the subject of the adjudication review for any other determination as is considered appropriate; or
refuse the adjudication review application.
(8)
A review adjudicator or a panel of review adjudicators (as the case may be) must determine under subsection (7)(a) —
the adjudicated amount (if any) to be paid by the respondent to the claimant;
the amount (if any) to be returned by the authorised nominating body to the respondent;
where the adjudicated amount mentioned in paragraph (a) is different from the amount that the respondent has paid to the authorised nominating body under section 18(3), the date on which the difference in amount is payable;
the interest payable on any such amount; and
the proportion of the costs of the adjudication review payable by each party to the adjudication review,and must include, in the determination, the reasons therefor.
(9)
In determining an adjudication review application, the review adjudicator or the panel of review adjudicators (as the case may be) 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.
(10)
In determining an adjudication review application, the review adjudicator or the panel of review adjudicators, as the case may be —
may only have regard to the matters mentioned in section 17(4)(a) to (h) and the adjudication determination that is the subject of the adjudication review; and
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.
(11)
The review adjudicator or the panel of review adjudicators (as the case may be) must not consider an objection from the respondent of any nature that was not included in the adjudication response, unless —
the circumstances of the 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.
(12)
Where a panel of review adjudicators is appointed to determine an adjudication review application, the determination must be decided in accordance with the opinion of the majority of the review adjudicators on the panel.
(13)
Sections 16(5) to (10) and 17(7) to (11) apply, with the necessary modifications, in relation to adjudication review applications.