Singapore legislation
Clause 17
of Building and Construction Industry Security of Payment Bill
Clause 17
Determination of adjudicator
(1)
An adjudicator shall determine an adjudication application —
within 7 days after the commencement of the adjudication, 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 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 shall, 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 shall include, in the determination, the reasons therefor.
(3)
Subject to subsection (4), in determining an adjudication application, an adjudicator shall 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; and
any other matter that the adjudicator reasonably considers to be relevant to the adjudication.
(4)
In determining an adjudication application, an adjudicator shall not be 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 thereto, whether subject to any term or condition or otherwise.
(5)
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) shall, 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.
(6)
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.
(7)
Except as provided in subsection (6), the adjudicator shall not change his determination on any adjudication application.
(8)
The authorised nominating body —
shall serve a copy of the adjudication determination, and any amended adjudication determination, on the claimant and the respondent; and
shall serve on the principal (if known) and the owner concerned a notice in writing that the adjudication determination has been made or amended, as the case may be.
(9)
The notice referred to in subsection (8)(b) shall contain such particulars as may be prescribed.