Please use this identifier to cite or link to this item: https://scholarbank.nus.edu.sg/handle/10635/220361
Title: A REVIEW OF THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT IN RESPECT OF SETTING ASIDE THE ADJUDICATION DETERMINATION
Authors: POH ZI YANG
Keywords: Building
PFM
Project and Facilities Management
Lim Pin
2016/2017 PFM
Adjudication
Building and Construction Industry Security of Payment Act
Issue Date: 1-Jun-2017
Citation: POH ZI YANG (2017-06-01). A REVIEW OF THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT IN RESPECT OF SETTING ASIDE THE ADJUDICATION DETERMINATION. ScholarBank@NUS Repository.
Abstract: The Building and Construction Industry Security of Payment Act (SOP Act) was enacted in 2004 to facilitate payments for construction work done in the building and construction industry in Singapore. Since its enactment in 2004, it has seen an increasing number of adjudication cases, which many cases successfully adjudicated under the SOP Act has benefited both the claimant and respondent by facilitating an efficient and low cost dispute resolution method. For the aggrieved respondent who is dissatisfied with the issued adjudication determination (AD), he can either apply for an adjudication review or set aside the AD to court. Applying for an adjudication review gives the respondent another chance to be heard before a review adjudicator, while setting aside the AD will result in the case being heard before a judge in court. Even though two routes are available to respondents after the AD is issued, they provide a very different output in terms of the duration and costs involved, as setting aside the AD to court will take a much longer process as well as increase the legal costs involved. The provisions for setting aside the AD under the SOP Act are also largely silent, hence many respondents have relied on a wide range of reasons to set aside the AD in an attempt to drag out time and payment to the claimant. This thesis attempts to highlight some of the issues regard to setting aside of the AD which are persistent and still recurring 12 years into the enactment of the SOP Act (2004 - 2016). In addition, comparative analysis will be made with relevant literature related to the topic and recommendations will be provided to address these issues.
URI: https://scholarbank.nus.edu.sg/handle/10635/220361
Appears in Collections:Bachelor's Theses

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