On 5 October 2021, the Development Bureau (DEVB) promulgated the DEVB Technical Circular (Works) No. 6/2021 (“the Technical Circular”) setting out the policy on the implementation of Security of Payment Provisions progressively in public works contracts with a view to facilitating timely processing of contract payments and providing for resolution of payment disputes through adjudication. Adjudication is meant to provide rapid dispute resolution on an interim basis and is intended to be carried out shortly after the service of the notice of adjudication. As stated under the Technical Circular, the nomination and appointment of an adjudicator shall be under an Adjudicators Nominating Body (“ANB”) from DEVB’s Register of ANBs as agreed by the contracting parties.
On 11 August 2021, The Hong Kong Institute of Surveyors (“the HKIS”) was invited by the Development Bureau to submit an application for admission to DEVB’s Register of ANBs.
On 23 December 2021, the HKIS has been admitted by the DEVB to become one of the ANBs under DEVB’s Register of ANBs.
The ANB shall have the following functions
(a) to establish and maintain its panel of adjudicators;
(b) to nominate and appoint adjudicators;
(c) to receive and refer notices of adjudication to adjudicators;
(d) to facilitate the conduct of adjudications, including the establishment of adjudication rules;
(e) to make and administer codes of conduct for adjudicators;
(f) to establish and publish schedule of fees for services provided by the ANB and the persons who are on its panel of adjudicators, including adjudicator’s fees and expenses;
(g) to provide training for the persons who are on its panel of adjudicators;
(h) to provide DEVB with information or documents in relation to the services upon request; and
(i) to abide by any conditions of registration imposed by DEVB.
The fee structures, that is, the fees to be charged by the HKIS and the adjudicators, are attached for information.
The HKIS is now in the progress of developing the website to include all relevant information / documents and it is expected that the website will be fully operational in late February 2022.