Security of Payments & Construction Adjudication, 3rd Edition

This work was first published in 2005 when the Building and Construction Industry Security of Payments Act 2004 first came into force. It was described by Justice Robert McDougall of the New South Wales Supreme Court as both an “academic treatise” of “tremendous value and utility”. The Second Edition was described by Chief Justice Chan Sek Keong of Singapore as a “highly accessible guide to the subject”. The Third Edition establishes this book as the leading text on the subject in Singapore. It addresses all the wealth of case law up to March 2022, including Grouteam Pte Ltd v UES Holdings Pte Ltd (2016); Comfort Management Pte Ltd v OGSP Engineering Pte Ltd (2018) and Shimizu Corp v Stargood Construction Pte Ltd (2020). It also examines new jurisprudential materials emanating from the United Kingdom, the eight Australian states (including New South Wales), Ireland, Malaysia and New Zealand.

The new edition also considers the impact of the Building and Construction Industry Security of Payment (Amendment) Act in 2018 which alters significantly the ambit of the statutory regime. About 800 cases are cited in this edition, which has expanded compared to the Second Edition. “Chow Kok Fong is considered the leading expert on Singapore’s Building and Construction Industry Security of Payment Act…[He] s to be commended for diligently tracking, compiling and producing an easy-to-read and comprehensive new edition.” Justice Belinda Ang, President of the Appellate Division of the Supreme Court of Singapore, from the Foreword to the 3rd Edition.

Table of Contents

Chapter 1 Introduction

Chapter 2 Statutory Models

Chapter 3 Ambit of the Singapore SOP Ac

Chapter 4 Statutory Compliance and Anti-Avoidance

Chapter 5 Payment Claim

Chapter 6 Payment Response

Chapter 7 Set-offs and Deductions

Chapter 8 Dispute Settlement Period & Notice of Intention

Chapter 9 The Adjudication Application

Chapter 10 The Adjudication Response

Chapter 11: Adjudicators and Adjudication Proceedings

Chapter 12: Adjudicator’s Duties

Chapter 13: Jurisdiction of Adjudicators

Chapter 14: Natural Justice

Chapter 15: Adjudicator’s Powers

Chapter 16: The Adjudication Determination

Chapter 17: Adjudication Review

Chapter 18: Enforcing Payment

Chapter 19: Challenging an Adjudication Determination