Part 10A assessor’s determinations
79G.—(1)  On the application of A under section 79F for an adjustment of the contract sum, the Part 10A assessor must —
(a)make a determination —
(i)whether the case is one to which this Part applies; and
(ii)whether A had made a reasonable attempt to negotiate with B for the adjustment; and
(b)if each determination in paragraph (a) is in the affirmative, also make a determination —
(i)whether there has been an increase in the amount of the foreign manpower salary costs incurred by A at any time between 1 October 2020 and 30 September 2021 or such later date as may be prescribed by regulations made under section 79K (both dates inclusive), over what A would otherwise have incurred, because of a COVID-19 event; and
(ii)whether it is just and equitable in the circumstances of the case to adjust the contract sum to take into account such increase, and (if so) of the adjusted amount.
(2)  When making a determination, the Part 10A assessor —
(a)must take into account prescribed matters and prescribed principles; and
(b)must seek to achieve an outcome that is just and equitable in the circumstances of the case.
(3)  A determination under subsection (1) may, with the leave of the court, be enforced in the same manner as a judgment or an order of the court to the same effect.
(4)  Where leave of the court is granted, judgment may be entered in the terms of the determination.
(5)  The determination is binding on all the parties to the construction contract and all parties claiming under or through them.
(6)  Beginning on the date the contract sum is last adjusted by a determination of a Part 10A assessor, the last adjusted contract sum is considered the contract sum for all purposes under the construction contract.
(7)  There is no appeal from a determination.
(8)  Sections 14, 15 and 15A apply, with the necessary modifications, to proceedings before a Part 10A assessor under this section as if —
(a)a reference to an assessor in those sections is a reference to a Part 10A assessor; and
(b)a reference to an assessor’s determination in section 15A is a reference to a determination.
(9)  Sections 16 and 17 apply to the Part 10A Registrar or a Part 10A assessor when carrying out his or her functions and duties under this Part as they apply to the Registrar or an assessor mentioned in Part 2 when carrying out his or her functions and duties under Part 2.
[Act 14 of 2021 wef 06/08/2021]