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
IMPORTANCE OF PAYMENT RESPONSE

The recent High Court decision in Sito Construction Pte Ltd (trading as Afone International) v PBT Engineering Pte Ltd [2019] SGHC 7 (“Sito v Afone”) is yet another reminder of the importance of raising jurisdictional objection as early as possible for respondents under the Building and Construction Industry Security of Payment Act (“SOP Act”).

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Crystl Hsu
INJUNCTIVE RELIEF FOR BREACH OF ARBITRATION AGREEMENT

In the recent Court of Appeal decision of Sun Travels & Tours Pvt Ltd v Hilton International Manage (Maldives) Pvt Ltd [2019] SGCA 10 (“Sun v Hilton”), the Court of Appeal dealt with, inter alia, when would anti-suit injunctions and anti-enforcement injunctions be granted when foreign proceedings were commenced in breach of an arbitration agreement.

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Crystl Hsu
A TALE OF TWO SOP ADS

In the recent High Court decision of United Integrated Services Pte Ltd v Civil Tech Pte Ltd and another [2019] SGHC 32 (“UIS v CTPL”), the High Court dealt with the question of, inter alia, what happens if an Adjudication Determination (“AD”) issued under the Building and Construction Industry Security of Payment Act (“SOP Act”) has been effectively superseded by a subsequent AD: should enforcement of the prior AD be allowed independent of the second AD?

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Crystl Hsu
BREACHES OF NATURAL JUSTICE IN SOP ADJUDICATION

In the recent Court of Appeal decision of Glaziers Engineering Pte Ltd v WCS Engineering Construction Pte Ltd [2018] 2 SLR 1311, the Court of Appeal made clear that the threshold to set aside an adjudication determination rendered under the Building and Construction Industry Security of Payment Act (“SOP Act”) is a high one.

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Crystl Hsu
WHEN TO GARNISH A BANK ACCOUNT

In the recent Court of Appeal decision in SCK Serijadi Sdn Bhd v Artison Interior Pte Ltd (“SCK Serijadi”), the Court of Appeal made clear that the service of a garnishee order nisi does not turn a judgment creditor into a secured creditor.  

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Crystl Hsu