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Singapore High Court Determines The Appropriate Time Period Within Which An Adjudication Application Is To Be Filed Under The Building Construction Industry Security Of Payment Act 2004
Under Section 13(3)(a) Building Construction Industry Security of Payment Act 2004, an adjudication application "must be made within 7 days after the entitlement of the claimant to make an adjudication application first arises under section 12".
SingaporeReal Estate and Construction
Shook Lin & Bok
Article
Withdrawing Backcharges In An Adjudication And Call On Performance Bond
The Appellate Division in Ee Hup Construction Pte Ltd v China Jingye Engineering Corporation Limited (Singapore Branch) & Anor [2025] SGHC(A) 3 (the "Judgment") rendered an interesting decision that, among others, dealt with the effect of withdrawing backcharges from an adjudication and its effect on a subsequent call on a performance bond.
Singapore

Litigation, Mediation & Arbitration

Chancery Law Corporation

Non-Delegable Duties Of Architects And Main Contractors In Construction Claims

The Singapore Court of Appeal held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that the building and design of the construction project was undertaken without negligence...

SingaporeReal Estate and Construction

When Does Your Entitlement To Make An Adjudication Application Arise?

The timelines under the Building and Construction Industry Security of Payment Act 2004 are strict.

SingaporeReal Estate and Construction

Chancery Law Corporation

Beyond Demand: Securing The Next Wave Of Data Centre Investment In Asia Pacific

Power constraints, evolving financing models, regulatory complexity and public scrutiny are reshaping the development and investment landscape for data centres across Asia Pacific.

SingaporeStrategy

Herbert Smith Freehills Kramer LLP

No Intention To Repair And Claim For Damages Based On Cost Of Cure

What happens if a party seeks the "cost of cure" as damages for loss suffered due to defective works, but the party does not intend to repair the defects?

SingaporeLitigation, Mediation & Arbitration

Chancery Law Corporation

Understanding The New Singapore Infrastructure Dispute-Management Protocol

On 23 October 2018, the Ministry of Law launched a new Singapore Infrastructure Dispute-Management Protocol to help parties involved in mega infrastructure projects manage disputes and minimise the risk...

SingaporeLitigation, Mediation & Arbitration

Defects And Damages

In Terrenus Energy SL2 Pte Ltd v Attika Interior + MEP Pte Ltd [2023] SGHC 333, the High Court dealt with a variety of commonly encountered issues in construction disputes.

SingaporeReal Estate and Construction

Chancery Law Corporation

Performance Bond & COTMA Relief

This issue arose for consideration in Shanghai Chong Kee Furniture & Construction Pte Ltd v Church of St Teresa [2024] SGHC 5.

SingaporeReal Estate and Construction

Chancery Law Corporation

When Is The Matter In Dispute Between The Parties In Writing For Purposes Of Sopa?

The Building and Construction Industry Security of Payment Act 2004 ("SOPA") applies to any contracts that is made in writing per s. 4(1) SOPA.

SingaporeReal Estate and Construction

Chancery Law Corporation

Project Delivery And Construction Arbitration – A Playbook For Infrastructure PE Funds

With greater private equity participation in infrastructure projects, a clear approach to construction contracts and project governance is essential.

GlobalReal Estate and Construction

Herbert Smith Freehills Kramer LLP

Natural Justice And Reasoned Arbitral Awards: Lessons From Two Recent Set-asides By The Singapore Court

The Singapore courts have recently issued two significant decisions concerning the setting aside of arbitral awards.

SingaporeLitigation, Mediation & Arbitration

Addleshaw Goddard

Stay In Favour Of Arbitration For Call On Performance Bond

Performance bonds are commonly given in the construction industry in Singapore. So, what happens if a performance bond provides for disputes to be heard in court...

SingaporeLitigation, Mediation & Arbitration

Chancery Law Corporation

A Refresher On Damages For Defects

In Thio Keng Thay v Sandy Island Pte Ltd [2022] SGHC 69, the General Division of the High Court dealt with a range of issues concerning claims for damages for defects.

SingaporeReal Estate and Construction

Chancery Law Corporation

An Overview Of The Recent Amendments To The Building And Construction Industry Security Of Payment Act

The Building and Construction Industry Security of Payment Act ("SOPA") was introduced in 2004 to improve cash-flow in the building and construction industry.

SingaporeReal Estate and Construction

Effect Of The Covid-19 (Temporary Measures) Act On Construction Contracts In Singapore

The COVID-19 (Temporary Measures) Act (‘Act') offers temporary relief to businesses and individuals who are unable to fulfil their contractual obligations due to the unprecedented effects of the pandemic

SingaporeCoronavirus (COVID-19)

Repudiatory Breach – Insistence On Performance Of Obligations Outside The Contract

A party can terminate a contract pursuant to an agreed contractual mechanism.

SingaporeCorporate/Commercial Law

Chancery Law Corporation

Referring Disputes To An Ad Hoc DAB Under The FIDIC Form

When a Dispute Adjudication Board declines jurisdiction over referred disputes under FIDIC contracts, can parties proceed directly to arbitration? This Singapore High Court case examines the mechanics of ad hoc DAB appointments and explores whether pre-arbitral procedural objections constitute matters of jurisdiction or admissibility in international construction arbitration.

SingaporeLitigation, Mediation & Arbitration

Fenwick Elliott LLP

Building & Construction Adjudication – 2019 Court Of Appeal Decision In Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd

In the case of Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] 2 SLR 189 ("Far East")

SingaporeReal Estate and Construction

Duty Of Care And Adequate Safety Measures

It is important to ensure that work sites are safe places to work in. The recent case of Nagarajan Murugesan v Grand Rich Electrical & Engineering Pte Ltd. & 2 Ors [2024] SGHC 36 is a reminder of this.

SingaporeReal Estate and Construction

Chancery Law Corporation

Showing 61–80 of 101 results

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