By Chow Kok Fong
The first edition of this book was published in 2005 when the Building & Construction Industry Security of Payments Act 2004 first came into force. Since then, nearly 800 adjudication applications have been filed. The 2nd Edition of the book will be an extensive revision of the 1st Edition. The text has been expanded by more than a third, and the book now contains 21 chapters.
Important updates have been made to the various chapters as a result of the significant volume of case law material from the Singapore courts. Discussion on the following important cases has been included:
- Chua Say Eng v Lee Wee Lick Terence (2012)
- Tiong Seng Contractors (Pte) Ltd v Chuan Lim Construction Pte Ltd
- SEF Construction Pte Ltd v Skoy Connected Pte Ltd
- AM Associates (Singapore) Pte Ltd v Laguna National Golf and Country Club Ltd
- Chip Hup Hup Kee Construction Pte Ltd v Ssangyong Engineering & Construction Co Ltd
Crucially, the new edition considered the Court of Appeal decision in Chua Say Eng v Lee Wee Lick Terence which was delivered in November 2012. The revised text discusses the functions of the adjudicator as laid down in that decision and the impact this is likely to exert on the positions which parties are likely to take a consequence. Chan Kek Keong CJ who delivered the judgment on behalf of the Court in that case also contributed a substantial Foreword with discusses some of the broader policy considerations in that decision.
Apart from updated caselaw, the updated text also draws upon adjudication determinations and presents new forms, charts and diagrams. It also features a chapter on the Malaysian Construction Industry and Adjudication Act 2012, which was enacted recently in Malaysia.
Authored by one of the leading writers on construction law in the region, this book is expected to be quickly positioned as a leading text on the subject.
2. Models Considered for the Singapore Act
3. Ambit of the Singapore Regime
4. Anti-Avoidance Provisions
5. The Payment Claim
6. The Payment Response
7. Set-offs and Deductions
8. Dispute Settlement Period and Adjudication Notice
9. The Adjudication Application
10. The Adjudication Response
11. Adjudicators and Adjudication Proceedings
12. Adjudicator's Duties
13. Jurisdiction of Adjudicators
14. Natural Justice
15. Adjudicator's Powers
16. The Adjudication Determination
17. Adjudication Review
18. Enforcement of Payment
19. Challenging an Adjudication Determination20. Practice Issues
21. The Malaysia Regime