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ARTICLE · 27 OCTOBER 2023

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

The timelines under the Building and Construction Industry Security of Payment Act 2004 are strict. And in the recent High Court case of H P Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd [2023] SGHC 298, the High Court dealt with how to calculate the time for when the claimant's entitlement to make an adjudication application arises.

Background. The key statutory provision is s. 13(3)(a) of the Building and Construction Industry Security of Payment Act 2004 ("SOPA"). It says as follows:

"(3) An adjudication application –

(a) must be made within 7 days after the entitlement of the claimant to make an adjudication application first arises under section 12;"

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