The Building and Construction Industry Security of Payment Act was enacted in 2005 to improve cash-flow by helping to speed up payment in the building and construction industry. Under the Act, any party who has carried out construction work or supplied related goods or services in the building and construction industry under a contract made in writing will have a statutory right to receive progress payment. Applying to both private and public sector projects, under the Act the right to progress payment is available even where the contract has no provision for progress payment.

The Act provides for statutory adjudication which is a simple process to resolve disputes in a quick and relatively low-cost manner. In an adjudication, an independent adjudicator decides on the amount to be paid for a claim made under the Act. The adjudicator’s decision (known as a determination) is binding and the adjudicated amount must be paid by a stipulated due date.

The first volume contains all relevant adjudication determinations decided from 2005 to 2007.

The annual review includes the full determinations of the adjudicators and commentary review of pertinent points which had been highlighted in the determinations.

Contents

Commentary

Jurisdiction

Contract in Writing

Whether the Act Extends to Claims for Final Payment

Payment Claim

Payment Response

Adjudication Application

Adjudication Response

Adjudication Review

Enforcement of Determinations

Index to Commentary

Table of Cases Mentioned in Commentary

Adjudication Determinations

Author(s)/Editor(s)/Contributor(s):

Chow Kok Fong, Christopher Chuah and Mohan Pillay (general editors)

Delivery

Specification