Application for determination
79F.—(1)  A may, within the prescribed time, apply in the prescribed form and manner to the Part 10A Registrar to appoint a Part 10A assessor to adjust the contract sum for the purpose mentioned in section 79C(2).
(2)  An application under subsection (1) must be accompanied by —
(a)evidence that A had made a reasonable attempt to negotiate with B for the adjustment;
(b)any other information that may be prescribed by regulations made under section 79K; and
(c)the prescribed fee.
(2A)  For the purpose of subsection (2)(c), different fees may be prescribed for different applications.
[Act 26 of 2021 wef 05/10/2021]
(3)  A copy of the application under subsection (1) must be served by A within the period specified in the regulations made under section 79K on —
(a)B and any other party to the construction contract;
(b)any person who is A’s guarantor or surety, or who has issued any performance bond or equivalent, in relation to the carrying out of the construction works under the construction contract; and
(c)any assignee of any other party to the construction contract.
(4)  The Part 10A Registrar may, for the purposes of deciding whether to appoint a Part 10A assessor to determine an application, request A to provide further information within the time specified by the Part 10A Registrar.
(5)  The Part 10A Registrar may reject an application if —
(a)the application is incomplete or otherwise not made in accordance with subsections (1) and (2);
(b)A fails to satisfy the Part 10A Registrar that subsection (3) is complied with;
(c)A fails to comply with the Part 10A Registrar’s request under subsection (4);
(d)the Part 10A Registrar reasonably suspects that any information provided by A to the Part 10A Registrar is false or misleading in a material particular; or
(e)it appears to the Part 10A Registrar, from the application or any information provided by A in subsection (4), that —
(i)the case is not one to which this Part applies; or
(ii)the application is frivolous or an abuse of process.
(6)  Unless the Part 10A Registrar rejects an application under subsection (5), the Part 10A Registrar must appoint a Part 10A assessor to determine the application and must serve a notice of the appointment on A and on all the parties mentioned in subsection (3).
[Act 14 of 2021 wef 06/08/2021]