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 readingTag: Adjudication & SOP
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 [2021] 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 readingWhat 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 readingMeaning 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 readingEffect 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. …
Continue readingSuspension of Payment upon Termination – Is it an Invalid Pay when Paid Clause?
In Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72, a clause in the contract provided that one of the consequences of termination was that “[n]o further payment shall be made to the Sub-Contractor until the whole of the Main Contract Works has been completed”. …
Continue readingFailing to Submit a Payment Response – The Extent of the Respondent’s Handicap
Following the Court of Appeal decisions in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2018] 1 SLR 317 and Comfort Management Pte Ltd v OGSP Engineering Pte Ltd [2018] 1 SLR 979, it is settled that a respondent is precluded from relying on any reasons for withholding …
Continue readingAdjudication 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 …
Continue readingDoes Section 17(2A) of the SOP Act apply to liquidated damages?
In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2020] SGHC 191, Justice Lee Seiu Kin had opined that he “did not consider the introduction of s 17(2A) of the SOP Act to be any signal of parliamentary disapproval of adjudicators considering liquidated damage claims under the SOP regime”. …
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