Under Section 13(3)(a) Building Construction Industry Security of Payment Act 2004 (“SOPA”), an adjudication application “must be made within 7 days after the entitlement of the claimant to make an adjudication application first arises under section 12”.
Shook Lin & Bok Partners Joseph Tay and Shirin Swah successfully acted for the Defendant in matter of H P Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd [2023] SGHC 298 in which the General Division of the Singapore High Court (“High Court”) has decisively ruled that the s 13(3)(a) eligibility time period starts on the day after the end of the dispute settlement period and ends seven days after that day (i.e. eight days in total), thereby resolving a long-standing controversy surrounding how this time period ought to be calculated.
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For further information, please contact:
Joseph Tay , Partner, Shook Lin & Bok
joseph.tay@shooklin.com
