The scope and extent of the Court's supervisory role over an
Adjudicator's jurisdiction to hear and determine a Payment
Claim under the Building & Construction Industry Security of
Payments Act ("SOPA") has been the subject of several
recent decisions by the Courts in Singapore. The purpose of this
article is to examine the different approaches adopted by the
courts in deciding whether the validity of a payment claim under
the SOPA affected the Adjudicator's jurisdiction to adjudicate
on a dispute.
The Adjudication Process under the SOPA
The SOPA came into effect on 1 April 2005. Its stated objective
was the implementation of changes to payment obligations across the
construction industry and to ensure the smooth completion of
construction projects in Singapore through the improvement of cash
flow. The mechanism by which this stated objective was to be
achieved was the statutory adjudication process.
