Updates on the latest legal developments affecting building and construction in Singapore.
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what if the documentation is done by the contractor regarding owner's request for change. And the change constituted design change and delay to the original contract. It is for this reason that the contractor had documented the instructions in the Minutes of Meetings and Progress Reports of the construction. The owner being the "big client who talks only and would not WRITE".
3.2.2023 07:05Comment on A Gentleman’s Word is His Bond? Not for Variations by James Dylan LohCan't wait for more posting from the Honorable Mr. Melvin Chan. An easy to digest and informative piece of work. Thank you for the posting.
1.11.2021 06:00Comment on Court of Appeal clarifies applicability of s.17(2A) of the SOP Act to liquidated damages (or does it)? by Clive ReaderThank you.
2.10.2021 10:30Comment on 2021.09.24 ConstructionLaw.SG Blog Launch by Bernard HoMost happy to join this Construction Law Blog.
2.10.2021 10:29Comment on 2021.09.24 ConstructionLaw.SG Blog Launch by Bernard HoThank you for joining us at the launch of our blog (jointly organised with the Society of Project Managers) held at the JW Marriott South Beach! It was a beautiful venue, and we had so much to share about the latest updates on construction-related matters 🙂 PDF copies of our ...
24.9.2021 07:002021.09.24 ConstructionLaw.SG Blog LaunchThis is a live poll for Friday, 24th September 2021. Click Continue Reading below to see the contents of this post.
24.9.2021 02:00Friday, 24th September Live PollIn relation to the right to impose liquidated damages (“LDs”) for a terminated contract, the UK Supreme Court endorsed the “orthodox analysis” in the case of Triple Point Technology, Inc v PTT Public Company Ltd [2021] UKSC 29. The relevant contractual provision stipulates the contractor’s liability for liquidated damages “from ...
18.9.2021 09:30Right to impose pre-termination LDs even though work was never accepted? Yes.In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2021] SGCA 34, the Court of Appeal dismissed the Appellant’s appeal against the decision of the High Court and upheld the Judge’s finding, inter alia, that the Adjudicator had not acted in excess of jurisdiction by considering Goldbell’s claim for ...
17.9.2021 06:57Court of Appeal clarifies applicability of s.17(2A) of the SOP Act to liquidated damages (or does it)?Where the contract between the parties stipulates that variation works shall be carried only with written instructions, and there were no written instructions but only oral instructions, the claim for variations will not be valid: Vim Engineering Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2021] SGHC 63. The ...
17.9.2021 03:54A Gentleman’s Word is His Bond? Not for VariationsSection 17(2A)(b) of the SOP Act provides that any part of a payment claim or payment response relating to damage, loss or expense must be disregarded unless it supported by “any certificate or other document that is required to be issued under the contract“. On a plain reading, this means ...
16.9.2021 08:37What Certificates must be Issued to Fall Within the Ambit of Section 17(2A)(b) of the SOP Act?Section 39B of the COVID-19 (Temporary Measures) Act 2020 extends the completion date for construction work provided by the construction contract by 122 days from and including the completion date. “completion date” in Section 39B is defined as the “date by which the construction works must be certified in accordance ...
15.9.2021 13:27Universal 122 days EOT in Phased ContractsIn GA Engineering Pte Ltd v Sun Moon Construction Pte Ltd [2020] SGHC 167, a subcontract for a glass curtain wall system referred to a set of Glass Specifications which came into existence only after the subcontract was formed. The High Court held that it was the parties’ objective intention ...
15.9.2021 03:12Incorporation of Documents Not in Existence at the Time of ContractDoes “day” in the SIA contract mean every day of the week, or does it exclude public holidays? The claimant in an adjudication argued that the word “day” under the SIA 9th Edition must follow the definition of “day” under the Building and Construction Industry Security of Payment Act (SOP ...
14.9.2021 13:53Meaning of “Day” in the SIA ContractA supplementary agreement may operate to displace the operation of the termination provisions of the original contract. In Orion-One Residential Pte Ltd v Dong Cheng Construction Pte Ltd and another [2020] SGCA 121, the original contract was based on the REDAS Form. The parties subsequently entered into a supplementary agreement. ...
14.9.2021 03:38Effect of Supplementary Agreements on SOP Timelines