The Court of Appeal has, in the context of the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (“SOPA”), clarified that the employer’s duty to speak by way of a payment response does not extend to payment claims submitted after the issuance of the final certificate by the architect in a construction project governed by the Singapore Institute of Architects Articles and Conditions of Building Contract (Measurement Contract) (7th Edition, April 2005) (“SIA Form of Contract”) as they fall outside the ambit of the SOPA: Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] SGCA 36.
 
This update takes a look at the Court of Appeal’s decision.
 
If you have any queries or would like to know more about how these changes may impact you, please contact:
 
Christopher CHUAH
Head – Infrastructure, Construction & Engineering Practice
d +65 6416 8140
e christopher.chuah@wongpartnership.com
Click here to see Christopher’s CV.
 
LEE Hwai Bin 
Partner – Infrastructure, Construction & Engineering Practice
d +65 6416 8180
e hwaibin.lee@wongpartnership.com
Click here to see Hwai Bin’s CV.