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Security of Payment and Construction Adjudication

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Format : eBook
No of Pages : 1296
Edition :Second Edition
Country :Singapore
Published Date :2013
Compatible with : Desktop iOS Android

Book Description

The first edition of this book was published in 2005 when the Building and Construction Industry Security of Payments Act 2004 first came into force. Since then, nearly 800 adjudication applications have been filed. The Second Edition of the book will be an extensive revision of the First 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 as a consequence. Chan Sek Keong CJ who delivered the judgment on behalf of the Court in that case also contributed a substantial Foreword which 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.


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Table of Contents


Chapter 01: Introduction
Chapter 02: Models Considered for the Singapore Act
Chapter 03: Ambit of the Singapore Regime
Chapter 04: Anti-Avoidance Provisions
Chapter 05: The Payment Claim
Chapter 06: The Payment Response
Chapter 07: Set-offs and Deductions
Chapter 08: Dispute Settlement Period and Adjudication Notice
Chapter 09: 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: Enforcement of Payment
Chapter 19: Challenging an Adjudication Determination
Chapter 20: Practice Issues
Chapter 21: The Malaysian Regime



About the Author(s)


Chow Kok Fong is a Chartered Arbitrator and Chartered Quantity Surveyor. He currently practises as a mediator, arbitrator and adjudicator. He has been appointed to arbitration tribunals under ICC Rules and Rules of the SIAC as well as Dispute Adjudication Boards. Since the inception of the SOP Act, he has been appointed as an adjudicator or review adjudicator in respect of 52 matters. Presently, he is on the board of the Singapore Mediation Centre and is Chairman of the Construction Adjudicators Accreditation Committee.


Mr Chow spent 32 years in a corporate career which included appointments as Chief Executive Officer of Changi Airports International, Managing Director of Capitaland Commercial Ltd and Director of Projects of City Developments Ltd. Prior to joining the private sector he was Chief Executive and General Manager of the Construction Industry Development Board (now the Building and Construction Authority).


He is Founder President of the Society of Project Managers and Past Chairman of the Society of Construction Law. He has also held adjunct appointments with a number of institutions including the National University of Singapore and Nanyang Technological University. Between 1989 and 1998 he had served as an occasional consultant to the World Bank on various construction industry development assignments. His other books include Law and Practice of Construction Contracts (2 Volumes) (now in its 4th Edition 2012); Construction Contracts Dictionary (2007); The Construction Agenda (1989) and Construction Joint Ventures (1985). He is currently General Editor of the Singapore Construction Adjudication Review.