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.

Background. The 1st respondent ("CJY") was the main contractor engaged by the Land Transport Authority for a project involving the construction of the Bedok South Mass Rapid Transit train station and tunnels for the Thomson-East Coast train line (the "Project"), and had engaged the appellant ("EH") as its sub-contractor to carry out excavation and earthworks (the "Sub-Contract") (Judgment [4]).