FAR EAST SQUARE PTE LTD V YAU LEE CONSTRUCTION (SINGAPORE) PTE LTD [2019] SGCA 36

In the important recent decision of Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd [2019] SGCA 36 (“Far East”), the Singapore Court of Appeal (“SGCA”) decided that under the SIA Form of Contract, no further payment claims may be made under the Building and Construction Industry Security of Payment Act (“SOPA”) after a valid final certificate has been issued. The SGCA also held that where the payment claim falls outside the ambit of SOPA, the respondent cannot be estopped from raising a jurisdictional objection even if no payment response was filed.

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Crystl Hsu
PRACTICAL COMPLETION: MEARS V COSTPLAN

An important concept in construction contracts is the concept of “practical completion”. In the recent England and Wales Court of Appeal (“EWCA”) decision of Mears Ltd v Costplan Services (South East) Ltd & Ors [2019] EWCA Civ 502 (“Mears v Costplan”), the EWCA dealt with, inter alia, this very important concept.  

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Crystl Hsu
GROUP SEVEN LIMITED & ANOR V NOTABLE SERVICES LLP & ANOR [2019] EWCA CIV 614

Earlier this year, the Singapore High Court in MSP4GE Asia Pte Ltd and another v MSP Global Pte Ltd and others [2019] SGHC 20 (“MSP4GE”) dealt with, inter alia, the law on dishonest assistance, and held that the law remains that as set out in the Privy Council decision of Royal Brunei Airlines Sdn Bhd v Philip Tan Kok Ming [1995] 2 AC 378 (“Royal Brunei Airlines”). There is now another decision on this issue of dishonest assistance in Group Seven Limited & Anor v Notable Services LLP & Anor [2019] EWCA Civ 614 (“Group Seven”).

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Crystl Hsu
POST TERMINATION LIQUIDATED DAMAGES

In the recent English Court of Appeal (“EWCA”) decision of Triple Point Technology, Inc v PTT Publish Company Ltd [2019] EWCA Civ 230 (“Triple Point v PTT”), the EWCA dealt with, inter alia, the vexing of how should liquidated damages clauses be applied when the contract has been terminated.

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Crystl Hsu
DEFECTS AND CONTRACT

Many construction disputes involve disputes over defects. It is important for the parties to bear in mind that the parties’ contract would affect what amounts to a defect, and the consequences flowing from such a defect.  

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Crystl Hsu
MACHINE LEARNING AND B2C2 V QUOINE

In the recent Singapore International Commercial Court (“SICC”) decision of B2C2 Ltd v Quoine Pte Ltd [2019] SGHC(I) 03 (“B2C2 v Quoine”), the SICC decided that, inter alia, “… where it is necessary to assess the state of mind of a person in a case where acts of deterministic computer programs are in issue, regard should be had to the state of mind of the programmer of the software of that program at the time the relevant part of the program was written.

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Crystl Hsu
SOPA TIME-LINES POST TERMINATION

In CHL Construction Pte Ltd v Yangguang Group Pte Ltd [2019] SGHC 62 (“CHL v YG”), Justice Chan Seng Onn considered the question of whether, in relation to claims under the Building and Construction Industry Security of Payment Act (“SOPA”), contractual provisions relating to SOPA timelines survive termination of the contract.

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Crystl Hsu