8.—(1) An application must contain the following information:
(a)
the name, address, telephone number, and email address (if any) of the person applying (called in these Regulations the applicant) under section 37 of the Act for an assessor to be appointed to make a determination;
(b)
the name and address, and (if known to the applicant) the telephone number and email address of each person mentioned in section 37(2)(a) and (b) of the Act;
(c)
the following information about the affected contract in question:
(i)
the parties to and the subject matter of the affected contract;
(ii)
the date the affected contract was entered into and the period in which the affected contract is in force;
(iii)
a brief explanation of how the affected contract was affected by a delay in the performance by a party to a construction (or construction‑related) contract or supply (or supply‑related) contract, or a breach of such contract;
(iv)
the date the delay or breach referred to in sub‑paragraph (iii) occurred;
(v)
a brief explanation of how the delay or breach referred to in sub‑paragraph (iii) is to a material extent caused by a COVID‑19 event;
(d)
the details of the prescribed obligation, prescribed right or prescribed term of the affected contract;
(e)
the steps taken to mitigate the applicant’s inability or liability mentioned in regulation 3(3);
(f)
any proposal by the applicant —
(i)
on the manner in which the prescribed obligation or prescribed right is to be performed or exercised other than in accordance with the terms of the affected contract;
(ii)
on whether, and if so how, any prescribed term in the affected contract should be varied; or
(iii)
for the release or discharge of the applicant from a prescribed term of the contract;
(g)
the following information on related proceedings, if any:
(i)
whether proceedings before a court have commenced against the applicant;
(ii)
whether arbitral proceedings under the Arbitration Act (Cap. 10) have commenced against the applicant;
(iii)
whether an adjudication application has been made under section 13(1) of SOPA for a claim against the applicant;
(iv)
whether a judgment, an arbitral award or a determination, in relation to proceedings or an application mentioned in sub‑paragraph (i), (ii) or (iii), has been given or made;
(h)
a declaration by the applicant that all information provided in the application is true and correct.
(2) The application must be accompanied by a copy of the affected contract or (if the affected contract is not in writing) a description of how the affected contract was made and its terms.
(3) Where the applicant becomes aware of the taking of any action in breach of section 37A(1) of the Act before any court, arbitral tribunal, authorised nominating body or adjudicator as defined in SOPA (called in this paragraph a relevant tribunal), and the applicant wishes to lodge a copy of the application with the relevant tribunal, the applicant must do so by filing with or submitting to (as the case may be) the relevant tribunal a memorandum of the application in Form B that —
(a)
contains —
(i)
information identifying the proceedings before the relevant tribunal; and
(ii)
a declaration of service of the application on the persons mentioned in section 37(2)(a) and (b) of the Act, stating when such service was effected; and