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 [2020] SGCA 121, the original contract was based on the REDAS Form.  The parties subsequently entered into a supplementary agreement. When disputes arose, the employer terminated the contractor’s employment pursuant to a clause in the supplementary agreement. As a result, the Court of Appeal held that the contractor was not entitled to rely on the REDAS provisions regulating the service of payment claims following the termination of the employer.

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