Adjudication Determination Set Aside for Fraud

In Façade Solution Pte Ltd v Mero Asia Pacific Pte Ltd [2020] SGCA 88,  a subcontractor represented that it had control over certain undelivered panels which it was bound to deliver under a subcontract when in fact it did not.  This misrepresentation led the adjudicator to allow the claim in an adjudication determination.  The Court of Appeal held that it may, in an appropriate situation, sever an adjudication determination in part. However, in this case, it held that on an application of a two-step materiality test, the adjudication determination was corrupted by fraudulent conduct in its entirety and the whole must fail.

Leave a Reply

Your email address will not be published. Required fields are marked *