Society of Construction Law (Singapore) Society of Construction Law (Singapore)
  • Home
  • About Us
    • Introduction
    • Our Current & Past Councils
    • List of Past Chairs
    • Constitution
    • Data Protection
  • Events
    • Events Calendar
    • Past Events Photo Gallery
      • Year 2025
      • Year 2024
      • Year 2023
      • Year 2022
      • Year 2021
      • Year 2020
      • Year 2019
      • Year 2018
      • Year 2017
      • Year 2016
      • Year 2015
      • Year 2014
      • Year 2013
    • Post Event Updates
  • Resources
    • Seminar / Conference Papers
    • Webinar Materials
    • Council Messages
    • Articles
    • Newsletters
      • 2025
      • 2024
      • 2023
      • 2022
      • 2021
      • 2020
      • Pre 2020
    • Other News
    • Links to Relevant Websites
    • Members’ Only Resources (log-in required)
  • Membership
    • Why Join Us?
    • Individual Member Directory
    • Business Member Listing
    • Apply for Individual Membership
    • Apply for Business Membership
  • Contact Us
    • Contact Details
    • Speaking Request Form
    • Article Submission Form
    • Feedback Form

Member Login/Logout     
Society of Construction Law (Singapore) Society of Construction Law (Singapore)
  • Home
  • About Us
    • Introduction
    • Our Current & Past Councils
    • List of Past Chairs
    • Constitution
    • Data Protection
  • Events
    • Events Calendar
    • Past Events Photo Gallery
      • Year 2025
      • Year 2024
      • Year 2023
      • Year 2022
      • Year 2021
      • Year 2020
      • Year 2019
      • Year 2018
      • Year 2017
      • Year 2016
      • Year 2015
      • Year 2014
      • Year 2013
    • Post Event Updates
  • Resources
    • Seminar / Conference Papers
    • Webinar Materials
    • Council Messages
    • Articles
    • Newsletters
      • 2025
      • 2024
      • 2023
      • 2022
      • 2021
      • 2020
      • Pre 2020
    • Other News
    • Links to Relevant Websites
    • Members’ Only Resources (log-in required)
  • Membership
    • Why Join Us?
    • Individual Member Directory
    • Business Member Listing
    • Apply for Individual Membership
    • Apply for Business Membership
  • Contact Us
    • Contact Details
    • Speaking Request Form
    • Article Submission Form
    • Feedback Form
  1. You are here:  
  2. Home
  3. Resources
  4. Council Messages
  5. Council Member Message - October 2017
Details
Hits: 3184

Council Member Message - October 2017

Dear SCL(S) members,

We are approaching the end of 2017 and what a year it has been in the area of construction law, particularly in the area of statutory adjudications conducted under the umbrella of the Building and Construction Industry Security of Payment Act (“SOP Act”).

There have already been more than 250 adjudication applications lodged with the Singapore Mediation Centre and there is still another 2 months to go before the year end.

The High Court has also handed down no fewer than 14 judgments in response to applications filed to set aside adjudication determinations.

From questions of when payment claims should be served to what constitutes a fair hearing in an adjudication, the court addressed many issues regarding the SOP Act and has brought much clarity to the regime.

Cases such as UES Holdings Pte Ltd v KH Foges Pte Ltd [2017] SGHC 114 which clarified how the word ‘day’ in a construction contract should be construed can only be celebrated for helping claimants and respondents interpret their contracts with more clarity.

Another noteworthy case is that of Hua Rong Engineering Pte Ltd v Civil Tech Pte Ltd [2017] SGHC 179 which clarified that a respondent cannot raise cross-claims, counterclaims and set-offs which arise from a contract different from the contract which the payment claim in question relates to.

The result has been that construction contracts, at least those used in domestic construction, are becoming clearer as to how payment claims and payment responses are to be treated. In particular, it is more common now for ad hoc construction contracts to make reference to the SOP Act and so, claimants and respondents have more certainty over the applicable timeline leading up to the filing of the adjudication application. It can be frustrating for a claimant to spend weeks preparing to lodge an adjudication application only to have it dismissed because of a mis-calculation of one day!

In the final analysis, it must be agreed that the judgments of the High Court and the Court of Appeal have helped contractors better understand their rights and obligations under the SOP Act.

However, it is likely that applications to set aside adjudication determinations will be still be filed in court. It seems that the number of technical objections one can make in an attempt to set aside an adjudication determination is only limited by one’s imagination! In any event, you can trust that the SCL(S) will continue in its role of educating its members on developments in this area of the law in future seminars.

In the meantime, we thank all members for their support of SCL(S) and look forward to seeing you at the next SCL(S) event.

Thank you.

Ashok Rai
Council Member & Newsletter Co-Editor, SCL (Singapore)

Latest Events

24 Jul 2025;
08:30AM - 10:00AM
AWiCS x SCL(S) Member Only Breakfast Club (24 July 2025, 8.30am - 10.00am (GMT+8))
07 Aug 2025;
05:00PM - 07:30PM
Overcoming Issues and Challenges in Quantifying Disruption (7 August 2025, 5.00pm - 7.30pm (GMT+8))
21 Aug 2025;
07:00PM - 09:30PM
SCL(S) 14th Annual Dinner 2025 (21 August 2025, 7.00pm - 9.30pm (GMT +8))
25 Sep 2025;
08:15AM - 07:15PM
SCL(S) Conference 2025: Transformation in the Infrastructure & Energy Sectors (25 September 2025, 8.15am - 7.15pm (GMT +8))
22 Oct 2025;
12:00AM
SAVE THE DATE: 11th SCL International Conference - Bridging Past, Present & Future (in the International Construction Industry (22-24 Oct 2024, Korea)
19 Nov 2025;
09:00AM - 06:00PM
APIEx Symposium & Workshop 2025: Technology, the Expert and the Law (19 - 20 November 2025 (GMT +8))
Bottom banner

© 2004-2025 Society of Construction Law (Singapore). All Rights Reserved. 
If you experience problems with this site, please contact the webmaster. 
Site designed and maintained by Intellitrain Pte Ltd.


Data Protection |Site Map

 

PCI Compliance and Malware Removal