Thank you for joining us at the launch of our blog (jointly organised with the Society of Project Managers) held at the JW Marriott South Beach! It was a beautiful venue, and we had so much to share about the latest updates on construction-related matters 🙂 PDF copies of our …Continue reading
Friday, 24th September Live Poll
This is a live poll for Friday, 24th September 2021. Click Continue Reading below to see the contents of this post.Continue reading
Right to impose pre-termination LDs even though work was never accepted? Yes.
In relation to the right to impose liquidated damages (“LDs”) for a terminated contract, the UK Supreme Court endorsed the “orthodox analysis” in the case of Triple Point Technology, Inc v PTT Public Company Ltd  UKSC 29. The relevant contractual provision stipulates the contractor’s liability for liquidated damages “from …Continue reading
Court of Appeal clarifies applicability of s.17(2A) of the SOP Act to liquidated damages (or does it)?
In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd  SGCA 34, the Court of Appeal dismissed the Appellant’s appeal against the decision of the High Court and upheld the Judge’s finding, inter alia, that the Adjudicator had not acted in excess of jurisdiction by considering Goldbell’s claim for …Continue reading
A Gentleman’s Word is His Bond? Not for Variations
Where the contract between the parties stipulates that variation works shall be carried only with written instructions, and there were no written instructions but only oral instructions, the claim for variations will not be valid: Vim Engineering Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd  SGHC 63. The …Continue reading
What Certificates must be Issued to Fall Within the Ambit of Section 17(2A)(b) of the SOP Act?
Section 17(2A)(b) of the SOP Act provides that any part of a payment claim or payment response relating to damage, loss or expense must be disregarded unless it supported by “any certificate or other document that is required to be issued under the contract“. On a plain reading, this means …Continue reading
Universal 122 days EOT in Phased Contracts
Section 39B of the COVID-19 (Temporary Measures) Act 2020 extends the completion date for construction work provided by the construction contract by 122 days from and including the completion date. “completion date” in Section 39B is defined as the “date by which the construction works must be certified in accordance …Continue reading
Incorporation of Documents Not in Existence at the Time of Contract
In GA Engineering Pte Ltd v Sun Moon Construction Pte Ltd  SGHC 167, a subcontract for a glass curtain wall system referred to a set of Glass Specifications which came into existence only after the subcontract was formed. The High Court held that it was the parties’ objective intention …Continue reading
Meaning of “Day” in the SIA Contract
Does “day” in the SIA contract mean every day of the week, or does it exclude public holidays? The claimant in an adjudication argued that the word “day” under the SIA 9th Edition must follow the definition of “day” under the Building and Construction Industry Security of Payment Act (SOP …Continue reading
Effect of Supplementary Agreements on SOP Timelines
A supplementary agreement may operate to displace the operation of the termination provisions of the original contract. In Orion-One Residential Pte Ltd v Dong Cheng Construction Pte Ltd and another  SGCA 121, the original contract was based on the REDAS Form. The parties subsequently entered into a supplementary agreement. …Continue reading