Singapore legislation
Clause 31
of Building and Construction Industry Security of Payment Bill
Clause 31
Adjudicator’s fees and expenses
(1)
Subject to this section, an adjudicator is entitled to be paid, in relation to an adjudication application —
such fees as may be specified by the authorised nominating body which appointed the adjudicator; and
such amount, by way of expenses, as may be agreed between the adjudicator and the parties to the adjudication or, if no such amount is agreed, then as the authorised nominating body considers to be reasonable having regard to the work done and expenses incurred by the adjudicator.
(2)
An adjudicator is not entitled to be paid, and shall not retain, any fee or expenses in relation to an adjudication application if he fails to make a determination on the application within the time allowed by section 17 or 19, as the case may be, otherwise than because the application is withdrawn or terminated or the dispute between the claimant and respondent is settled.
(3)
Subsection (2) shall not apply —
in circumstances in which an adjudicator requires payment of the fees and expenses referred to in subsection (1) before the issue of his determination on the adjudication application; or
in such other circumstances as may be prescribed.
(4)
Where an adjudication application is withdrawn or terminated or the dispute between the claimant and the respondent is settled, the adjudicator is entitled to be paid the fees and expenses incurred in relation to the adjudication up to, and including, the date on which the adjudication application is withdrawn or terminated or the dispute is settled, as the case may be.
(5)
For the purposes of subsection (4) —
in the case of the withdrawal of an adjudication application, the applicant shall be liable to pay the fees and expenses of the adjudicator; and
in any other case, the parties to the adjudication shall be jointly and severally liable to pay the fees and expenses of the adjudicator.
(6)
An adjudicator may recover his fees and expenses from a person liable to pay them as a debt due to the adjudicator.