Shimizu Corporation v Stargood Construction Pte Ltd [2020] SGCA 3 Introduction
This is a Court of Appeal decision rendered in 2020 concerning an application to set aside two adjudication determinations relating to the submission of payment claims following the termination of a sub-contract. This decision touches on the “dual railroad track system” for making payment claims which has been accepted and understood by the industry as a norm since the Singapore High Court’s decision in Tienrui Design & Construction Pte Ltd v G & Y Trading and Manufacturing Pte Ltd [2015] 5 SLR 852 (“Tienrui”) in 2015. After this decision, do parties have separate rights under contract and statute to make payment claims? What impact will this have on contract negotiations for main and subcontractors alike? This decision by the apex court will clarify matters and provide clearer guidance for construction contracts. 2/5/2020
SMC Adjudication Rules UpdateThe Singapore Mediation Centre (‘SMC’) has issued Supplementary Rules for Electronic Adjudication Lodgement (‘Supplementary Rules’) which provide for lodgement of documents electronically, telegraphic transfer of fees, electronic service of documents and online Adjudication Conferences. The Supplementary Rules take effect on 15 April 2020. A copy of the latest version of the Supplementary Rules is available for download at the SMC’s website. These Rules are a welcome update especially with the ongoing COVID 19 situation. With the Supplementary Rules, the entire Adjudications Application process can be carried out virtually. Adjudication Application and Adjudication Responses can be lodged electronically with the SMC and Adjudication Conferences can be held using online virtual meeting platforms. These measures should reduce costs for parties; increase the efficacy of the process while at the same time allowing parties to comply with safe distancing protocols. 29/12/2019
Publication in SAL PractionerOur director, Mr Tan Joo Seng, has published an article in the SAL Practitioner.
The article is entitled " What a Difference A Day Makes - When Does the Time for Lodging an Adjudication Application Start and End?" [2019] SAL Prac 29. The period for lodging an adjudication application is a critical period. Making an adjudication application outside the period will result in a rejection by the adjudicator. There are however two schools of thought on when the period starts and ends. The article considers these views and provides a definitive answer. The article can be downloaded from the SAL's website or by clicking on this link. |
21/5/2020