Please use this identifier to cite or link to this item: https://scholarbank.nus.edu.sg/handle/10635/220202
Title: CONSEQUENCE OF HABITUAL DEPARTURE FROM VARIATION CLAIMS: SUMMARY JUDGMENT, ARBITRATION AND ADJUDICATION
Authors: CHONG WAN NI
Keywords: Building
PFM
Project and Facilities Management
Chan Chuen Fye Philip
2015/2016 PFM
Adjudication
Arbitration
Summary Judgment
Variation Claim
Issue Date: 12-Jul-2016
Citation: CHONG WAN NI (2016-07-12). CONSEQUENCE OF HABITUAL DEPARTURE FROM VARIATION CLAIMS: SUMMARY JUDGMENT, ARBITRATION AND ADJUDICATION. ScholarBank@NUS Repository.
Abstract: Tallying variation orders in a timely and accurate manner posed an impossible challenge for the Employer, Contractor and even the Sub-contractor to fulfill. Failure to adhere to the conditions specified under the contract terms will result in payment defaults and ultimately loss of cash flow within a project. In response to these actions, there are considerations for 3 routes to take in order to resolve payment claim disputes. With reference to the SIA Standard Conditions of Contract, Arbitration proceedings and the Security of Payment Act, the routes are evaluated through the parameters of time, cost and effectiveness. This paper ultimately sets to recommend possible steps to take in order to ensure rights to payment even with minimal compliance to the clauses and notice requirements specified under the contract. The use of Summary Judgment without trial will provide a quick judgment through presentation of an interim certificate submitted by the Architect. Adjudication determination under the SOP Act, similarly aimed at providing quick and cheap resolution to the variation payment claim dispute that is not final and binding. If the Employer is not satisfied with the judgment, it is likely that review adjudication or application for arbitration will take place to provide a final judgment validity of payments to the Contractor. Consequently this dissertation recommends a set of steps to take, illustrated in a flowchart, in light of habitual departure that were ensued on payment claim defaults by each party. So as to observe the right set of justifications for variation claims constituting to work done, and according to what condition precedent clauses was not complied with by relevant parties.
URI: https://scholarbank.nus.edu.sg/handle/10635/220202
Appears in Collections:Bachelor's Theses

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