Singapore legislation

Regulation 13

of Building and Construction Industry Security of Payment Regulations

Regulation 13

Deposit for adjudicator’s fees for adjudication proceedings

Amended byS 488/2012 wef 01/12/2012

Subregulation 1

An authorised nominating body may require the claimant to pay an initial deposit in respect of the fees payable to the adjudicator for the adjudication proceedings, and such initial deposit shall be paid at the time of lodgment of the adjudication application.

Subregulation 2

Where the adjudicator requests a longer period for making a determination on an application and both the claimant and the respondent agree to that longer period under section 17(1)(b) of the Act, the adjudicator shall immediately inform the authorised nominating body —

(a)

of such part, if any, of the claimant’s initial deposit that is in excess of his accrued fees for the adjudication; and

(b)

to what extent an additional deposit (if any) by the claimant is required in respect of the adjudicator’s fees for the additional days to be taken for the adjudication during the longer period,and the authorised nominating body may require the claimant to pay the additional deposit (if any) within 3 days after being required to do so.

Subregulation 3

The initial deposit referred to in paragraph (1) shall not exceed —

(a)

$2,400 where the claimed amount does not exceed $24,000; or

(b)

where the claimed amount exceeds $24,000, 10% of the claimed amount or $33,600, whichever is the lower.

Subregulation 4

The initial deposit and the additional deposit referred to in paragraphs (1) and (2) respectively shall not exceed in the aggregate —

(a)

$2,400 where the claimed amount does not exceed $24,000; or

(b)

where the claimed amount exceeds $24,000, 10% of the claimed amount.

Subregulation 5

Amended byS 488/2012 wef 01/12/2012

In the event the additional deposit is not fully paid within the time limit referred to in paragraph (2), the claimant is deemed to have withdrawn his agreement to the longer period for making a determination and the adjudicator shall determine the application forthwith.