Singapore legislation
Clause 9
of Building and Construction Industry Security of Payment (Amendment) Bill
Clause 9
Amendment of section 15
Section 15 of the principal Act is amended by deleting subsection (3) and substituting the following subsections:“(3) Subject to subsection (3A), the respondent must not include in the adjudication response an objection of any nature, unless —
where the adjudication relates to a construction contract, that objection was included in the relevant payment response provided by the respondent to the claimant; or
where the adjudication relates to a supply contract, that objection was raised by the respondent to the claimant in writing on or before the relevant due date.(3A) Despite subsection (3), the respondent may include in the adjudication response an objection mentioned in subsection (3) if —
in the case of an adjudication that relates to a construction contract —
the circumstances of that objection only arose after the respondent provided the relevant payment response to the claimant; or
the respondent could not reasonably have known of the circumstances when providing the relevant payment response to the claimant; or
in the case of an adjudication that relates to a supply contract —
the circumstances of that objection only arose after the relevant due date; or
the respondent could not reasonably have known of the circumstances by the relevant due date.”.