An investigation into the contract dispute settlement under security of payment act
The enforcement of the Building and Construction Industry Security of Payment Act (the ‘SOP Act’) has brought about a drastic change to the construction industry in Singapore, facilitating payments and cash flows in a speedy yet cost-effective manner. It is no doubt that the SOP Act can be considere...
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| Format: | Final Year Project (FYP) |
| Language: | English |
| Published: |
2014
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| Online Access: | http://hdl.handle.net/10356/61088 |
| _version_ | 1811695777108459520 |
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| author | Ong, Si Han |
| author2 | Wong Wai Fan |
| author_facet | Wong Wai Fan Ong, Si Han |
| author_sort | Ong, Si Han |
| collection | NTU |
| description | The enforcement of the Building and Construction Industry Security of Payment Act (the ‘SOP Act’) has brought about a drastic change to the construction industry in Singapore, facilitating payments and cash flows in a speedy yet cost-effective manner. It is no doubt that the SOP Act can be considered a success in making sure that payments are not unscrupulously delayed or deterred by parties in a construction contract, given the statistics which show that more than 800 adjudication applications has been filed since its enactment and only less than 5% has resisted the adjudication determinations. However, these cases still represent aggrieved parties who are clearly unsatisfied with the rulings, and of which many of them had subsequently take their case up to the Courts. This clearly undermines the purpose of the SOP act in hoping to reach a fast resolution in terms of payment disputes, and thus makes it necessary to examine the issues that have surfaced. In this report, one such case study will be focused on and evaluated in depth, to not only highlight the problems that have emerged, but also to show how it is resolved afterwards. In particular, the validity of a payment response, the jurisdiction of the adjudicator and the role of the Courts and their powers over an adjudication determination will be assessed with regards to the case in this paper. Finally, conclusions and recommendations will also be drawn from the study, with references to literary works from esteemed authors. |
| first_indexed | 2024-10-01T07:28:51Z |
| format | Final Year Project (FYP) |
| id | ntu-10356/61088 |
| institution | Nanyang Technological University |
| language | English |
| last_indexed | 2024-10-01T07:28:51Z |
| publishDate | 2014 |
| record_format | dspace |
| spelling | ntu-10356/610882023-03-03T17:07:36Z An investigation into the contract dispute settlement under security of payment act Ong, Si Han Wong Wai Fan School of Civil and Environmental Engineering DRNTU::Engineering::Civil engineering::Construction management The enforcement of the Building and Construction Industry Security of Payment Act (the ‘SOP Act’) has brought about a drastic change to the construction industry in Singapore, facilitating payments and cash flows in a speedy yet cost-effective manner. It is no doubt that the SOP Act can be considered a success in making sure that payments are not unscrupulously delayed or deterred by parties in a construction contract, given the statistics which show that more than 800 adjudication applications has been filed since its enactment and only less than 5% has resisted the adjudication determinations. However, these cases still represent aggrieved parties who are clearly unsatisfied with the rulings, and of which many of them had subsequently take their case up to the Courts. This clearly undermines the purpose of the SOP act in hoping to reach a fast resolution in terms of payment disputes, and thus makes it necessary to examine the issues that have surfaced. In this report, one such case study will be focused on and evaluated in depth, to not only highlight the problems that have emerged, but also to show how it is resolved afterwards. In particular, the validity of a payment response, the jurisdiction of the adjudicator and the role of the Courts and their powers over an adjudication determination will be assessed with regards to the case in this paper. Finally, conclusions and recommendations will also be drawn from the study, with references to literary works from esteemed authors. Bachelor of Engineering (Civil) 2014-06-04T08:06:51Z 2014-06-04T08:06:51Z 2014 2014 Final Year Project (FYP) http://hdl.handle.net/10356/61088 en Nanyang Technological University 55 p. application/pdf |
| spellingShingle | DRNTU::Engineering::Civil engineering::Construction management Ong, Si Han An investigation into the contract dispute settlement under security of payment act |
| title | An investigation into the contract dispute settlement under security of payment act |
| title_full | An investigation into the contract dispute settlement under security of payment act |
| title_fullStr | An investigation into the contract dispute settlement under security of payment act |
| title_full_unstemmed | An investigation into the contract dispute settlement under security of payment act |
| title_short | An investigation into the contract dispute settlement under security of payment act |
| title_sort | investigation into the contract dispute settlement under security of payment act |
| topic | DRNTU::Engineering::Civil engineering::Construction management |
| url | http://hdl.handle.net/10356/61088 |
| work_keys_str_mv | AT ongsihan aninvestigationintothecontractdisputesettlementundersecurityofpaymentact AT ongsihan investigationintothecontractdisputesettlementundersecurityofpaymentact |