Subsequent determinations
79H.—(1)  After a Part 10A assessor has made a determination under this section or section 79G (called in this section the initial determination), the Part 10A assessor or another Part 10A assessor may, either on his or her own motion or on the application of one or both of the parties to the initial determination —
(a)vary or replace the initial determination if there has been a material change in circumstances after it has been made and it is just and equitable for the variation or replacement to be made; or
(b)require the parties to attend before the Part 10A assessor after a specified time for a further review of the matter and to make any additional determination as is appropriate.
(2)  In considering whether it is just and equitable for a variation or replacement of the initial determination to be made under subsection (1)(a), or whether to make any additional determination under subsection (1)(b), the Part 10A assessor must take into account the following factors:
(a)whether there has been any undue delay by the applicant in making the application for a subsequent determination under subsection (1);
(b)whether any party to the construction contract has taken any action in reliance on the initial determination;
(c)whether, in relation to the contract sum as adjusted by the initial determination —
(i)proceedings before a court have commenced;
(ii)arbitral proceedings under the Arbitration Act (Cap. 10) have commenced; or
(iii)an adjudication application has been made under section 13(1) of SOPA,
and if so, the stage of the proceedings or application mentioned in sub-paragraph (i), (ii) or (iii).
(3)  No action may be taken under subsection (1) if a judgment, an arbitral award or a determination has been given or made in relation to any proceedings or application mentioned in subsection (2)(c)(i), (ii) or (iii).
(4)  Section 79G applies, with the necessary modifications, to any determination made under subsection (1).
[Act 14 of 2021 wef 06/08/2021]