JCT STANDARD FORM AND CONTRACTOR'S RIGHT TO TERMINATE

While it is not so usual to encounter the JCT Standard Form of Design and Build Contract in Singapore, the England and Wales Court of Appeal decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 (“PB v HH”) shows the importance of paying attention to the phrasing of contractual provisions in context of the contractor’s right to terminate.

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Xian Ying Tan
COLLATERAL WARRANTIES AND SOPA - FOOD FOR THOUGHT

The recent United Kingdom Supreme Court decision of Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23 (“Judgment”) is an interesting case on whether collateral warranties given to third parties are subject to statutory adjudication.

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Xian Ying Tan
WHEN IS THE MATTER IN DISPUTE BETWEEN THE PARTIES IN WRITING FOR PURPOSES OF SOPA?

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.

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Xian Ying Tan
METHODS OF SUBSTITUTED SERVICE

In 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”.

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Xian Ying Tan
WHETHER PERMISSION IS REQUIRED TO ADDUCE FURTHER EVIDENCE ON APPEAL & WHETHER EXTENSION OF TIME SHOULD BE GRANTED TO FILE A STRIKING OUT APPLICATION

This 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”).

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Xian Ying Tan
AN EXPERT REPORT AND TIME BAR OF A CLAIM

In 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”).

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Xian Ying Tan