Tan Joo Seng 
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course on THE psscoc

30/3/2022

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Great to see the easing of Covid-19 measures. It certainly feels odd to amble around without a face mask. I’m sure that soon the arduous pandemic years will be but a faint memory.
 
But I digress.
 
This is a short note to inform that I am presenting a two-day course on the Singapore Public Sector Standard Conditions of Contract (PSSOC) at the BCA Academy on 21 and 22 April 2022. The PSSCOC is the usual standard form of contract used in public sector construction projects.
 
The brochure for the course and registration details can found at this link

Happy Easter!
 
Tan Joo Seng
30 March 2022
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ROARING IN THE TIGER

3/2/2022

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A very Happy Lunar New Year to everyone in this year of the water Tiger.
 
2020 to 2021 were difficult, uncertain, and stressful times – no thanks to a microscopic, miniscule organism - SARS-Cov-2.

The tiger is known as the king of all beasts in China. The zodiac sign tiger is a symbol of strength, exorcising evils, and braveness.
 
Let’s hope that the tiger knocks out SARS-Cov-2 and we can all return to normality.
 
Wishing everyone a healthy, happy and prosperous year of the Tiger.
 
Tan Joo Seng
2 Feb 2022
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Construction Law Case Update: Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72

6/9/2021

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Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72

Decision date: 31 March 2021.

Introduction 
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The amendments to the SOP Act (“The Act”) in December 2019 introduced a new section 4 (2)(c), which provided that the Act will not apply to any terminated construction contract which has a clause suspending payment obligations upon termination until after the occurrence of a specified date or event (“Termination Suspension of Payment Clause” or “TSP Clause”).  

By virtue of s 4 (2)(c), once the TSP Clause takes effect, a contractor will not be entitled to make an adjudication application under the Act.  The contractor’s entitlement is reinstated only after the occurrence of the date or trigger event mentioned in TSP Clause. One example of a TSP Clause is clause 32 (8)(a) of the Singapore Institutes of Architects’ Articles and Conditions of Building Contract, 9th Ed, Lump Sum which stipulates that the contractors’ entitlement to payment are held in abeyance until the issuance a Cost of Termination Certificate by the architect.

Section 9 of the Act prohibits pay-when-paid clauses in construction contracts. Pay-when-paid clauses include clauses that makes the liability of the payee contingent or conditional on the operation of any other contract or agreement.  

A TSP Clause can fall within the definition of a pay-when-paid clause under s 9 of the Act if the specified date or event is to be determined by reference to a separate contract.
Under such circumstances, should the “pay when paid” TSP Clause be enforceable and would s 4 (2) (c) of the Act still apply?

This was the novel issue before the Court in the case of Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72.
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It is an important issue for parties who are involved in construction contracts as it would set a framework for understanding their post-termination rights and provide valuable guidance in the drafting of TSP Clauses. 

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DEFECT LIABiLITY CLAUSE: WHAT IS IT FOR? WHO BENEFITS?

21/11/2020

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​Sandy Island Pte Ltd v Thio Keng Thay [2020] SGCA 86
 
Decision Date: 22 May 2020
 
​INTRODUCTION

In my prevous post, I wrote about Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 (“Sandy Island HC”).
 
The case involved a dispute between the purchaser and developer of a bungalow. The purchaser sued the developer for the costs of rectification of defects.
 
Some of the defects were admitted by the developer. However, the developer argued that it should not be liable the cost of rectification as the purchaser had breached the defect liability clause in the sale and purchase agreement (“SPA”) by imposing unreasonable conditions and refusing to grant access.
 
The High Court (“HC”) disagreed with the developer’s contention. The HC determined that the purchaser’s breach of the defect liability clause did not exclude his right to claim for damages for the defects.
 
The developer appealed to the Court of Appeal (“CA”) on this point but failed.
 
The CA published its decision on 22 May 2020 in Sandy Island Pte Ltd v Thio Keng Thay [2020] SGCA 86 (“Sandy Island CA”).
 
In its decision the CA expounded on the purpose and nature of defects liability clauses as well as the impact of such clauses on the parties’ rights and obligations.
 
In this post, I will discuss the key aspects of the CA’s decision.

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LEGAL UPDATE ON DEFECT LIABLITY CLAUSES

5/9/2019

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Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175
 
Decision Date: 29 July 2019
 
INTRODUCTION
This case arose from a dispute between the owner and developer of a bungalow house on Sandy Island, Sentosa.  The owner, who was the plaintiff in the action, sued the developer for costs of rectification of defects. The developer disputed the claim and counterclaimed against the owner for libel.
 
At the trial; some of the defects raised by the owner were admitted by the developer to be defects.
 
However, the developer argued that it should not be held liable for the costs of rectification of such defects because the owner had breached the defect liability clause in the Sale and Purchase Agreement (“SPA”) by imposing unreasonable conditions on the developer and refusing to grant access to carry out rectification works.
 
In its decision; the High Court clarified the extent of the legal rights and remedies of an owner who had refused to allow contractors to return to the project to rectify defective works.

In this post; I will explain and examine this aspect of the High Court’s decision.

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Audi Construction  v. Kian Hiap Construction Pte Ltd (COURT OF APPEAL)

18/5/2018

 
Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd 
[2018] SGCA 4

​In July 2017, I had touched on the High Court’s decision of Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2017] SGHC 165 where the High Court decided that a payment claim must be served on the date specified for service of a payment claim in the construction contract even if the specified date fell on a Sunday or Public Holiday.

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CIAO ROOSTER AND HOWDY DOG: ROUND UP OF 2017

22/1/2018

 
A belated Happy New Year! to everyone.

Yet another year has passed; another completed revolution around the Sun. Everywhere and everyone - hopes for a better year ahead; new wishes; new resolutions; new ambitions and projects.

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sundays and public holidays

15/7/2017

 
​“Oh, you can kiss me on a Monday
A Monday, a Monday is very, very good
Or you can kiss me on a Tuesday
​A Tuesday, a Tuesday, in fact I wish you would


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ADJUDICATION REVIEWS: DOES THE CLAIMANT HAVE ANY SAY?

27/1/2017

 
Ang Cheng Guan Construction Pte Ltd v Corporate Residence Pte Ltd
[2017] SGHC 09

This case arises from an application to set aside an Adjudication Review Determination. It is of interest because it addresses two issues for the first time; namely – whether an adjudication review is limited to only the issues raised by the respondent; and whether an adjudication review determination can be set aside if the adjudicator misdirected himself in a point of law.

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ARBITRATION: SIAC RULES 2016

14/7/2016

 
Arbitration in Singapore enters an exciting phase with the official release of the Singapore International Arbitration Centre’s new rules (SIAC Rules 2016) which will come into effect on 1 August 2016.

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The SEa view condominium dispute: who are independent contractors and why is this important

14/6/2016

 
THE SEA VIEW CONDOMINIUM DISPUTE: 
WHO ARE INDEPENDENT CONTRACTORS AND WHY IS THIS IMPORTANT.

Introduction
 
The long running legal battle between the MCST of the Sea View Condominium (MCST) and the Developers, Main Contractors, Architects and M&E Consultants of the development is keenly watched and known to many in the construction and real estate industry.

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brief Round UP OF 2015

3/1/2016

 
Happy New Year!

2015 must have been a busy year for construction lawyers and professionals involved in adjudication matters.

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understanding the singapore institute of architects conditions of contract

10/8/2015

 
Dear Readers,

I will be giving a talk on the Singapore Institute of Architects'  Articles and Conditions of Contract (SIA Conditions) on 22 September 2015.

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delay and disruptions in engineering and construction contracts

10/8/2015

 
Dear Readers,

I will be giving a three hour presentation on issues relating to delays in engineering & construction contracts on 17 August 2015.

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Chin Ivan v. H P Construction & Engineering Pte Ltd  [2015] SGCA 14

26/4/2015

 
One of the recent cases I had highlighted in my recent talk on the SIA Conditions of Contract (held on 15 April 2015) was the Singapore Court of Appeal’s (CA) decision in Chin Ivan v H P Construction & Engineering Pte Ltd  [2015] SGCA 14.

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Talk ON Delay and LIQUIDATED DAMAGES (11 Mar 2015)

7/3/2015

 
Dear readers,

I will be giving a talk on the topics of delay and liquidated damages in engineering & construction contracts on 11 March 2015.

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Happy chinese new year 2015

21/2/2015

 
Dear readers,

I wish everyone a very happy and prosperous year of the Goat!

May everyone have an abundance of good health, happiness and wealth in the year ahead.

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    ICELAW 
    ​
    This section of my website contains summaries and commentaries of judgments and other developments relevant to infrastructure, construction, engineering and construction law. Hence the name, ICE LAW.

    ICE LAW is provided for information only. It should not be relied on or taken as legal advice.   

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  • Home
  • Experience
  • Services Offered
  • Articles
    • Adjudication FAQ
    • Dispute Resolution 101: Arbitration, Mediation & Adjudication
    • Construction Law & You
  • BLOG: ICELAW
  • Contact
    • TSPL v CLPL