A case study of construction dispute – case A & B

• Main Author: Ong, Simon Yeow Kuan.
• Other Authors: Wong Wai Fan
• Format: Final Year Project
• Language: English
• Published: 2013
• Subjects: DRNTU::Engineering::Civil engineering
• Online Access: http://hdl.handle.net/10356/52593
• Institution: Nanyang Technological University

Before the introduction of the Security of Payments (“SOP”) Act, dispute resolution in the construction industry was a long drawn and costly process. Having no guidelines to follow, legal firms could not resolve the issues effectively, resulting in large expenses. A contractor or sub-contractor, having limited cash flow, could not afford to have outstanding progress payments in the case of a dispute. This would result in a vicious cycle: them delaying construction due to inadequate cash flow, and the owner withholding payment due to the delay, resulting in a halt in construction. This Final Year Project (“FYP”) will look into a case dispute involving a domestic sub-contractor and the main contractor. The Project will focus on a dispute which involved adjudication in Singapore, and judgment which was made using the Building and Construction Industry Security of Payments (“SOP”) Act. The key issues of the case will be examined and comparisons will be made with precedent cases. The objectives of the report are: • To examine the definitions of the main terms used in the case study from the SOP Act • To analyse the key issues in the case • To compare the ruling made with precedent cases • To look at the impacts this case had on subsequent cases • To analyse if the Public Sector Standard Conditions of Contracts (“PSSCOC”) in Singapore has provisions to deal with issues in the case study