COMFORT MANAGEMENT PTE LTD V OGSP ENGINEERING PTE LTD [2018] SGCA 19
INTRODUCTION Previously, we examined the Singapore Court of Appeal’s (CA) decision in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2018] SGCA 4 which dealt with the time for service of payment claims and the consequences failing to provide a payment response in an adjudication under the Building and Construction Industry Security of Payment Act (Cap. 30B) (“SOPA”) The adjudication theme continues as we consider the CA’s judgment of Comfort Management Pte Ltd v OGSP Engineering Pte Ltd [2018] SGCA 19 (“Comfort Management”). 18/5/2018
CONSTRUCTION LAW UPDATEAudi Construction Pte Ltd v Kian Hiap Construction Pte Ltd
[2018] SGCA 4 Introduction In an earlier post on my personal website entitled “Of Sundays and Public Holidays”; I had covered the High Court’s decision of Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2017] SGHC 165 where the High Court decided that a payment claim can only be served on the date specified for service of a payment claim in the construction contract. This is so even if the specified date fell on a Sunday or Public Holiday. The matter went before the Court of Appeal (“CA”) whose decision is reported in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2018] SGCA 4. (“Audi CA”) In this post I will discuss two important aspects of Audi CA which has an impact on the management of progress payments in construction contracts. Firstly, the CA’s decision on when payment claims can and should be served if the contractually specified date for service of payment claims falls on Sundays and Public Holidays. Secondly, the CA’s opinion on the consequences of a failure to provide a proper and valid payment response. 13/5/2018
talk on sopa at ssss AGMOur Director is honoured to be giving a presentation on the Building and Construction Industry Security of Payment Act ("SOPA") at the AGM of the Singapore Structural Steel Society on 24 May 2018.
We are always keen to share our knowledge and experience on SOPA and construction law with interested parties via talks and presentations. You can contact us for inquires if you would like to arrange for such training presentations at your company. |
10/9/2018