The Building and Construction Industry Security of Payment Act 2004 (“SOPA”) applies to any contracts that is made in writing per s. 4(1) SOPA. But if a contract is not wholly made in writing, it can be treated as such if “the matter in dispute between the parties to the contract is in writing” per s. 4(5) SOPA. So, what does this mean? The High Court in CGS Construction Pte Ltd v Quek & Quek Civil Engineering Pte Ltd [2024] SGHC 183 (“CGS v QCE”) addressed this important issue.
Read MoreIn Zhang Jinhua v Yip Zhao Lin [2024] SGHC 180, the High Court made some observations about “the importance of selecting methods of substituted service that would be most likely to be effective in providing notice of the proceedings to the other party in each case”.
Read MoreIt is important to be careful when settling claims. This is illustrated in the recent England and Wales High Court (Technology and Construction Court) decision of Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC) (the “Judgment”).
Read MoreThis week’s blog covers Darsan Jitendra Jhaveri & 11 Ors v Lakshmi Anil Salgaocar suing as the Administratrix of the Estate of Anil Vassudeva Salgaocar (India Passport No. HXXXXXXX), deceased @ Anor [2024] SGHC(A) 20 (“Darsan v Lakshmi”), a decision of the Appellate Division of the High Court (the “Court”).
Read MoreIn Management Corporation Strata Title Plan No 4099 v TPS Construction Pte Ltd and others [2024] SGHC 149 (“MCST 4099”), the plaintiff, Management Corporation Strata Title Plan No 4099’s, claim against the third defendant, KTP, was struck out for being time-barred under the Limitation Act 1959 (2020 Rev Ed) (the “Limitation Act”).
Read MoreRecently, the BCA announced the launch of NEC4 contract for construction and engineering projects in Singapore, together with the NEC4 Y(SG) Clauses. In this short blog, we take a quick look at the Y(SG) Clauses.
Read MorePerformance bonds are commonly given in the construction industry in Singapore. So, what happens if a performance bond provides for disputes to be heard in court, the underlying main contract provides for disputes to be heard in arbitration, and a party applies to court to restrain the call on the performance bond? This issue arose in the case of Star Engineering Pte Ltd v Pollisum Engineering Pte Ltd & Anor [2024] SGHC 137.
Read MoreThis week’s blog covers Sharp Corp Ltd (Respondent) v Viterra BV (previously known as Glencore Agricultre BV) [2024] UKSC 14, a UK Supreme Court case on the measure of damages payable by a buyer for non-acceptance of goods.
Read MoreIn the ex tempore judgment in Ascentury International Co Ltd v Viva Capital (SG) Pte Ltd [2024] SGHC 118, Goh Yihan J addressed a “seldom discussed point in Singapore about how a court should consider the interests of the liquidator in deciding to terminate a winding up” (at [4]).
Read MoreThe Court of Appeal in Voltas Limited v York International Pte Ltd [2024] SGCA 12 dealt with whether a conditional arbitral award can be a final award, as well as whether an arbitral tribunal may impliedly reserve jurisdiction to issue a further award after the final award.
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