Singapore legislation

Clause 18

of Building and Construction Industry Security of Payment Bill

Clause 18

Adjudication review applications

(1)

This section shall apply to a respondent who is a party to an adjudication if the adjudicated amount exceeds the relevant response amount by the prescribed amount or more.

(2)

Subject to subsection (3), where a respondent to whom this section applies is aggrieved by the determination of the adjudicator, the respondent may, within 7 days after being served the adjudication determination, lodge an application for the review of the determination with the authorised nominating body with which the application for the adjudication had been lodged under section 13.

(3)

Where the respondent is required in consequence of the adjudication determination to pay an adjudicated amount to the claimant, the respondent shall not lodge any application for the review of the determination unless he has paid the adjudicated amount to the claimant.

(4)

An adjudication review application —

(a)

shall be made in writing addressed to the authorised nominating body requesting it to appoint one or more review adjudicators to determine the application;

(b)

shall contain such information or be accompanied by such documents as may be prescribed; and

(c)

shall be accompanied by such application fee as may be determined by the authorised nominating body.

(5)

The authorised nominating body shall, upon receipt of an adjudication review application —

(a)

serve —

(i)

a copy thereof on the claimant; and

(ii)

a notice in writing that the application has been made on the principal (if known) and the owner concerned; and

(b)

subject to subsection (7) and in accordance with the prescribed criteria, appoint a review adjudicator or a panel of 3 review adjudicators.

(6)

The authorised nominating body shall, within 7 days after receipt of the adjudication review application, serve a notice in writing confirming the appointment of the review adjudicator or the panel of review adjudicators, as the case may be, on the parties to the adjudication review, the principal (if known) and the owner concerned.

(7)

For the purpose of subsection (5)(b) —

(a)

section 14(1) and (2) shall apply with the necessary modifications; and

(b)

the authorised nominating body shall not appoint an adjudicator whose determination is the subject of the adjudication review.

Clause 18 — Building and Construction Industry Security of Payment Bill