update on security of payment act - Building & Construction Authority

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Rights to suspend work and place lien on uninstalled materials7 The claimant is allowed to suspend work or place a lien on uninstalledmaterials, after adjudication and if the adjudicated amount remains unpaid. Anythird party (other than the respondent) affected by the claimant’s suspension ofwork will have the right to extension of time in his project. The claimant couldalso enforce the adjudicator’s decision as judgment debt to be enforced in court.Rights to pay sub-contractors directly8 The principal (e.g. developer) can opt to pay directly to the claimant (e.g.sub-contractor engaged by the main contractor), in the event that the respondent(e.g. main contractor) fails to pay the adjudicated amount after adjudication. Theprincipal can recover the payment by deducting it from subsequent payments tothe respondent. This is restricted to parties within a principal-respondent-claimantrelationship. The intention is to avert work suspension that may result in costlydelays to projects.
Adjudication Statistics (April 2005 to September 2006)ANNEX B(1) Number of Applications16 without payment response – 15 with payment response – 1Status(a) Applications (valid) determined11 in favour of the claimant * - 11 in favour of the respondent – 0* include partial payment to claimant(b) Applications determined as invalid 2(c) Applications pending determination 2(d) Applications withdrawn 1(2) Categories of Claimants vs Respondents(for valid applications)Number(a) Main contractor claiming developer/owner 1(b) Subcontractor claiming main contractor 3(c) Sub-subcontractor claiming Subcontractor 4(d) Consultant/designer claiming developer/owner 3(3) Claimed and Adjudicated Amounts (for valid applications)(a) Details of claimed amount Amount S$ Total claimed amount $2,069,182.94 Maximum claimed amount for a case $420,428.00 Minimum claimed amount for a case $26,380.00(b) Details of adjudicated amount Amount S$ Total adjudicated amount $1,419,480.66 Maximum adjudicated amount for a case $420,428.00 Minimum adjudicated amount for a case $24,980.00
Page 1 and 2: MEDIA RELEASEUPDATE ON SECURITY OF
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update on security of payment act - Building & Construction Authority

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