Singapore legislation
Section 27
of Building and Construction Industry Security of Payment Act 2004
Section 27
Enforcement of adjudication determination as judgment debt, etc.
(1)
An adjudication determination made under this Act may, with leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.
(2)
Where leave of the court is so granted, judgment may be entered in the terms of the adjudication determination.
(3)
An application for leave to enforce an adjudication determination may not be filed in court under this section unless it is accompanied by an affidavit by the applicant stating that the whole or part of the adjudicated amount has not been paid at the time the application is filed.
(4)
If the affidavit mentioned in subsection (3) indicates that part of the adjudicated amount has been paid, the judgment is to be for the unpaid part of the adjudicated amount.
(5)
Where any party to an adjudication commences proceedings to set aside the adjudication determination or the judgment obtained pursuant to this section, that party must pay into the court as security the unpaid portion of the adjudicated amount that that party is required to pay, in such manner as the court directs or as provided in the Rules of Court, pending the final determination of those proceedings.
(6)
The grounds on which a party to an adjudication may commence proceedings under subsection (5) include, but are not limited to, the following:
the payment claim was not served in accordance with section 10;
the claimant served more than one payment claim in respect of a progress payment, otherwise than permitted under section 10;
the payment claim was in respect of a matter that has already been adjudicated on its merits in proceedings under this Act;
the adjudication application or the adjudication review application was not made in accordance with the provisions of this Act;
the adjudicator failed to comply with the provisions of this Act in making the adjudication determination;
the adjudication determination requires the claimant to pay an adjudicated amount to the respondent;
a breach of the rules of natural justice occurred in connection with the making of the adjudication determination;
the making of the adjudication determination was induced or affected by fraud or corruption.
(7)
A respondent may not commence proceedings under subsection (5) on any ground if the objection to support that ground was not included in the respondent’s adjudication response, unless —
the circumstances of the objection to support that ground only arose after the respondent lodged the adjudication response with the authorised nominating body; or
the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body.
(8)
Without affecting a court’s powers under any other written law or rule of law, a court may, in any proceedings under subsection (5) —
set aside an adjudication determination in whole or in part;
remit the whole or any part of the adjudication determination to the adjudicator;
correct in the adjudication determination any clerical mistake, error arising from an accidental slip or omission, or a defect of form; and
award costs to any party to an adjudication.
(9)
Where the court makes an order of remission under subsection (8)(b) —
Parts 4 to 7 apply, with the necessary modifications, to the determination of the remitted issues by the adjudicator, as if the remitted issues were issues in an adjudication that commenced on a date specified by the court in the order; and
the adjudicator’s determination of the remitted issues has effect as if it were an adjudication determination for the purposes of this Act.