Building and Construction Law Update: Court of Appeal rules no inherent time bar for inclusion of previous payment claim amounts

The Singapore Court of Appeal has recently decided that the payment claims may include sums claimed for in earlier payment claims and that there is no time-bar of one month contemplated in the provisions of the Building and Construction Industry Security of Payment Act (BCISOPA). This recent decision overturns the decision of Justice Tay Yong Kwang, a High Court level decision, where the learned Judge adopted the academic view of Prof Philip Chan i.e. that the provisions of the Act had an implicit time bar and that if a claimant does not proceed with adjudication when the right arises under any payment claim, he is precluded from bringing an adjudication application for that sum based on any later payment claim. The High Court appeared, in our view, to have tried to extend the restriction on parties relying on ‘repeat claims’ as a backdoor to adjudication actions where the time to take such adjudication applications may have already expired.

You may view the decision here

Prepared by Joseph WW Liow,
Director