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← Building and Construction Industry Security of Payment Act 2004

Building and Construction Industry Security of Payment Act 2004 s 15

s 15 Adjudication responses

15.—(1) A respondent must, within 7 days after receiving a copy of an adjudication application under section 13(4)(a), lodge with the authorised nominating body a response to the adjudication application. (2) The adjudication response —(a) must be made in writing addressed to the authorised nominating body; (b) must identify the adjudication application to which it relates; (c) must contain such information or be accompanied by such documents as may be prescribed; and (d) may contain or be accompanied by such other information or documents (including expert reports, photographs, correspondences and submissions) as the respondent may consider to be relevant to the adjudication response. (3) Subject to subsection (4), the respondent must not include in the adjudication response an objection of any nature, unless —(a) 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 (b) 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.[47/2018] (4) Despite subsection (3), the respondent may include in the adjudication response an objection mentioned in subsection (3) if —(a) in the case of an adjudication that relates to a construction contract —(i) the circumstances of that objection only arose after the respondent provided the relevant payment response to the claimant; or (ii) the respondent could not reasonably have known of the circumstances when providing the relevant payment response to the claimant; or (b) in the case of an adjudication that relates to a supply contract —(i) the circumstances of that objection only arose after the relevant due date; or (ii) the respondent could not reasonably have known of the circumstances by the relevant due date.[47/2018] (5) The authorised nominating body must, upon receiving an adjudication response —(a) serve a copy thereof on the claimant; and (b) serve on the principal (if known) and the owner concerned a written notice that the adjudication response has been lodged. (6) The notice mentioned in subsection (5)(b) must contain such particulars as may be prescribed.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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