FURTHER RECOMMENDATIONS TO PROPOSED AMENDMENTS TO THE SINGAPORE BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENT ACT TO REDUCE THE OCCURRENCE OF DISPUTES OVER REPEAT CLAIMS

Abstract

Since its enactment in 2004, the Sg SOP Act has not had any amendments. The interpretation of the SG SOP Act derives mainly from common law cases. This leads to constant repeat and referral of similar cases in the judgement of the recent disputes. In the The Proposals for Amending the Building and Construction Industry Security of Payment Act (2015) (“Proposals”) by Singapore Academy of Law, one of the considerations for the review is the conditions for operation of the adjudication regime. These entail the restrictive timeline and the reduction of ambiguities. Based on the consideration, the author chose to focus on the interpretation of s 10(4) of the Sg SOP Act and the relevant legislation involved in determination of a repeat claim. Through the literature and relevant law cases involving s 10(4) of the Sg SOP Act, the research aims to clarify the conditions for allowance of repeat claims. The suggestion also helps to reduce the prolonged period of submission for payment claim after the work is done, thus creating a more concise timeline.