Statutory Adjudication And The Standard Building Contract In Singapore - Is The Final Payment Referable To Statutory Adjudication?

摘要

The first case that went to the High Court in Singapore (Tiong Seng Contractors (Pte) Ltd v Chuan Lim Construction Pte Ltd [2007] SGHC 142) challenging the validity of an adjudicator's determination decided that the adjudicator's determination involving a final payment is valid. This case is important because it sets the guidelines on the interpretation of the provisions in the Building and Construction Industry Security of Payment Act regarding the relationship between the Act and the payment provisions in the standard form of building contracts. This article examines the rationale of the decision of the High Court and concludes that it has unwittingly brought about legal uncertainty to the standing of a final payment.