Please use this identifier to cite or link to this item: https://scholarbank.nus.edu.sg/handle/10635/222522
Title: A REVIEW OF THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT IN RESPECT OF (A) NO PAYMENT RESPONSE (B) TIME ISSUES AND (C) FINAL ACCOUNT CLAIMS AT ADJUDICATION
Authors: CHERYL TARE
Keywords: Building
PFM
Project and Facilities Management
Lim Pin
2015/2016 PFM
Issue Date: 15-Jul-2016
Citation: CHERYL TARE (2016-07-15). A REVIEW OF THE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT IN RESPECT OF (A) NO PAYMENT RESPONSE (B) TIME ISSUES AND (C) FINAL ACCOUNT CLAIMS AT ADJUDICATION. ScholarBank@NUS Repository.
Abstract: Essential to the construction industry is, without doubt, cash flow. The Building and Construction Industry Security of Payment Act was enacted in 2004 with the aims of giving parties the right to seek interim payment for work done, and providing a fast and low cost adjudication system to resolve payment disputes. However, with determinations being set aside and applications made invalid on extremely technical grounds due to certain ambivalences within the SOP Act, the statutory legislation appears to be advancing in a direction opposite to its intention benefiting the construction industry. This dissertation explores the implication of non-response to payment claim, and how it may harm both the claimant and respondent at adjudication. The solution was to allow the adjudication response to answer the adjudication claim, and introduce an adjudication reply. Secondly, time issues at adjudication applications were discussed. While some late applications fell victim to being set aside on a technicality, premature applications were deemed to diminish the significance of the dispute settlement period. Accordingly, a limited claim period was suggested for the former, and a rewording of the SOP Act to remove the ambiguity was recommended for the latter. Lastly, because final account claims place undue time pressures on an adjudicator, an additional decision window for the adjudication of final account matters should be considered. With these recommendations, it is hoped that the SOP Act will be made more effective as it pursues both quickness and fairness in the construction industry.
URI: https://scholarbank.nus.edu.sg/handle/10635/222522
Appears in Collections:Bachelor's Theses

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