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02

Jan
2022
HKIA as an Adjudicator Nominating Body (ANB) to implement Security of Payment Provisions in public works contracts

The Hong Kong Institute of Architects (HKIA) has been registered as an adjudicator nominating body (ANB) for the purpose of implementing Security of Payment Provisions in public works contracts.

 

Adjudication is meant to provide dispute resolution on an interim basis and the nomination and appointment of adjudicators by an ANB as agreed by the contracting parties are intended to be carried out shortly after the service of the notice of adjudication.

 

A. Panel of Adjudicators

CHAN HON WAN EDWIN

CHAN LONG TO

CHEE WAI HUNG SIMON

CHENG CHUNG LEUNG

CHUI PAK CHUNG PATRICK

COCK JOHN ERIC

HO WAI KEUNG

HUI KEI YAN LISA

LAM WAI PAN WILSON

LAU LI LIK

LI YAN YAN

TSANG LAP MAN RAYMOND

TSE HAU MING TERENCE

YIM YING KIT

YU FRANKLIN

 

B. Opening Hours

From Monday to Friday (excluding holidays) –

9:30 a.m. to 5:00 p.m.

Mode of service of documents

HKIA would generally require SOP Parties to submit both soft copy (in PDF) and hard copy (by hand).

The date of receipt will be counted as the date when both soft and hard copies are received.

The submission shall apply with HKIA Standard Form for “Notice of Adjudication” for Contracts under DEVB TC (W) No. 06/2021 in duplicate together with all supporting documents.

 

Deposit and payment are accepted in a cheque, bank transfer or a bank draft.  Cash is not acceptable to ensure compliance with the Prevention of Bribery Ordinance.  Deposits and payments will be incorporated into the designated trusted bank account set up by HKIA for ANB services.

 

 

C. Fees and Fee Structure

Application / Renewal Fee for admission to the HKIA ANB Panel of Adjudicators

  • Application Fee = $800
  • Renewal Fees = $500.

 

Application fees for nomination and appointment of adjudicator:

 

Category 1 – Low-Value Adjudication Dispute not exceeding HK$ 500,000 in total on the quantum of payment claim and submission

  • HKIA ANB appointment & nomination fee = HK$500 for each contracting party.
  • Each party’s application fee = HK$500.

 

Category 2 – SME Adjudication Disputes from HK$ 500,001 to HK$1,000,000 in total on the quantum of payment claim and submissions

  • HKIA ANB appointment & nomination fee = HK$1,000 for each contracting party.
  • Each party’s application fee = HK$1,000.

 

Category 3 – High-Value Adjudication Disputes from HK$ 1,000,001 to HK$ 5,000,000 in total on the quantum of payment claim and submission

  • HKIA ANB appointment & nomination fee = HK$2,000 for each contracting party.
  • Each party’s application fee = HK$2,000.

 

Category 4 – Major & Complex Adjudication Disputes from HK$ 5,000,001 to HK$ 30,000,000 in total on the quantum of payment claim and submission

  • HKIA ANB appointment & nomination fee = HK$3,000 for each contracting party.
  • Each party’s application fee = HK$2,000.

 

Category 5 – Mega-Value Adjudication Disputes from HK$ 30,000,001 to any value above in total on the quantum of payment claim and submission

  • HKIA ANB appointment & nomination fee = HK$3,000 for each contracting party.
  • Each party’s application fee = HK$3,000.

 

 

HKIA Suggested Sliding Fee Amount and Fee Cap for Various Categories of Adjudication cases:

 

Category 1 – Low-Value Adjudication Dispute not exceeding HK$ 500,000 in total on the quantum of payment claim and submission

  • HKIA ANB Panel of Adjudicator hourly rate = HK$666 to be paid according to SOP provision Clause 36 in the Adjudicator’s decision of fees.
  • Adjudication fees maximum cap = $30,000 (excluding venue fee etc.).

 

Category 2 – SME Adjudication Disputes from HK$ 500,001 to HK$1,000,000 in total on the quantum of payment claim and submission

  • HKIA ANB Panel of Adjudicator hourly rate = HK$1,000 per hour to be paid according to SOP provision Clause 36 in the Adjudicator’s decision of fees.
  • Adjudication fees maximum cap = 6% of the total amount of disputed value in quantum of payment claim and submission.
  • Adjudication fees maximum cap = 6% of the total amount of disputed value (e.g. If total amount of disputed value in quantum including both payment claim and submission = HK$ 600,000, the maximum Adjudication Fee cap = 6% x HK$ 600,000 = $36,000.)

 

Category 3 – High-Value Adjudication Disputes from HK$ 1,000,001 to HK$ 5,000,000 in total on the quantum of payment claim and submission

  • HKIA ANB Panel of Adjudicator hourly rate = HK$1,250 to be paid according to SOP provision Clause 36 in the Adjudicator’s decision of fees.
  • Adjudication fees maximum cap = 5% of the total amount of disputed value in quantum of payment claim and submission.
  • Adjudication fees maximum cap = 5% of the total amount of disputed value (e.g. If total amount of disputed value in quantum including both payment claim and submission = HK$ 3,000,000, the maximum Adjudication Fee cap = 5% x HK$ 3,000,000 = $150,000.)

 

Category 4 – Major & Complex Adjudication Disputes from HK$ 5,000,001 to HK$ 30,000,000 in total on the quantum of payment claim and submission

  • HKIA ANB Panel of Adjudicator hourly rate = HK$1,500 per hour to be paid according to SOP provision Clause 36 in the Adjudicator’s decision of fees.
  • Adjudication fees maximum cap = HK$400,000 (or about 266 hours)

 

Category 5 – Mega-Value Adjudication Disputes from HK$ 30,000,001 to any value above in total on the quantum of payment claim and submission

  • HKIA ANB Panel of Adjudicator hourly rate = HK$2,000 per hour to be paid according to SOP provision Clause 36 in the Adjudicator’s decision of fees.
  • Adjudication fees maximum cap = HK$532,000 (or about 266 hours)