Singapore legislation
Clause 19
of Building and Construction Industry Security of Payment Bill
Clause 19
Adjudication review procedures, etc.
(1)
An adjudication review commences on the date immediately after the appointment of the review adjudicator or the panel of review adjudicators, as the case may be, is confirmed by the authorised nominating body under section 18(6).
(2)
The review adjudicator or the panel of review adjudicators, as the case may be, shall reject any adjudication review application that is not made —
within the period referred to in section 18(2); or
in accordance with section 18(4)(a) or (b).
(3)
The review adjudicator or the panel of review adjudicators, as the case may be, shall determine the adjudication review application within 14 days after the commencement of the adjudication review or within 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.
(4)
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.
(5)
A review adjudicator or a panel of review adjudicators, as the case may be, shall determine under subsection (4)(a) —
the adjudicated amount (if any) to be paid by the respondent to the claimant;
where the adjudicated amount referred to in paragraph (a) is different from the amount that the respondent has paid to the claimant 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 shall include, in the determination, the reasons therefor.
(6)
In determining an adjudication review application, the review adjudicator or the panel of review adjudicators, as the case may be —
shall only have regard to the matters referred to in section 17(3)(a) to (h) and the adjudication determination that is the subject of the adjudication review; and
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.
(7)
Where a panel of review adjudicators is appointed to determine an adjudication review application, the determination shall be decided in accordance with the opinion of the majority of the review adjudicators on the panel.
(8)
Sections 16(3) to (8) and 17(5) to (9) shall apply, with the necessary modifications, in relation to adjudication review applications.