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 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.
Panel of Adjudicators
- Procedures for admission to the Panel of Adjudicators
- Application for inclusion on the HKIS Panel of Adjudicators
- Panel of Adjudicators
Appointment of Adjudicators
Adjudication Rules on the Conduct of Adjudication
Procedures of Handling Complaints