Singapore legislation

Clause 11

of Building and Construction Industry Security of Payment (Amendment) Bill

Clause 11

Amendment of section 17

Section 17 of the principal Act is amended —

(a)

by inserting, immediately after the words “commencement of the adjudication” in subsection (1)(a), the words “under section 16(1) or (1A) (as the case may be) or within such longer period as may have been requested by the adjudicator and agreed to by the claimant and the respondent”;

(b)

by deleting paragraph (b) of subsection (1) and substituting the following paragraph:“(b)in any other case, within 14 days after the commencement of the adjudication under section 16(1) or (1A) (as the case may be) or within such longer period as may have been requested by the adjudicator and agreed to by the claimant and the respondent.”;

(c)

by inserting, immediately after subsection (2), the following subsection:“(2A) In determining an adjudication application, an adjudicator must disregard any part of a payment claim or a payment response related to damage, loss or expense that is not supported by —

(a)

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

(b)

any certificate or other document that is required to be issued under the contract.”; and

(d)

by inserting, immediately after subsection (4), the following subsection:“(4A) The adjudicator must not consider an objection from the respondent of any nature that was not included in the adjudication response, unless —

(a)

the circumstances of that objection only arose after the respondent lodged the adjudication response with the authorised nominating body;

(b)

the respondent could not reasonably have known of those circumstances when lodging the adjudication response with the authorised nominating body; or

(c)

the objection relates to a patent error.”.