Admin Construction v Vivaldi: Setting Aside Adjudication Determination Based on Settlement Agreement

Admin Construction Pte Ltd, the plaintiff, sought to set aside an adjudication determination in favor of Vivaldi (S) Pte Ltd, the defendant, in the High Court of Singapore. The case concerned a dispute over payment for aluminium glazing and metal works. Quentin Loh J allowed Admin Construction's application, finding that a settlement agreement between the parties had extinguished all disputes in relation to the payment claim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Application to set aside the adjudication determination allowed.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Admin Construction sought to set aside an adjudication determination in favor of Vivaldi. The court allowed the application, finding that a settlement agreement extinguished the claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Admin Construction Pte LtdPlaintiffCorporationApplication to set aside the adjudication determination allowed.Won
Vivaldi (S) Pte LtdDefendantCorporationAdjudication determination set aside.Lost

3. Judges

Judge NameTitleDelivered Judgment
Quentin LohJudgeYes

4. Counsels

Counsel NameOrganization
S MagintharanEssex LLC
Liew Boon Kwee JamesEssex LLC
Raymond Ng Yong ErnTan Lay Keng & Co
Xhuanelado OwenKalco Law LLC

4. Facts

  1. Admin Construction was the main contractor for a construction project.
  2. Vivaldi was Admin Construction's subcontractor for aluminium glazing and metal works.
  3. The parties entered into a sub-contract dated 24 July 2009.
  4. Admin Construction alleged Vivaldi breached the sub-contract by installing aluminium instead of mild steel glazing.
  5. The parties entered into a Settlement Agreement on 31 January 2011.
  6. Vivaldi subsequently made further payment claims.
  7. Admin Construction sought to set aside an adjudication determination in favor of Vivaldi.

5. Formal Citations

  1. Admin Construction Pte Ltd v Vivaldi (S) Pte Ltd, Originating Summons No 165 of 2012/L, [2013] SGHC 95

6. Timeline

DateEvent
Sub-contract signed
Sub-contract works completion date
Settlement Agreement signed
First Payment Claim issued
Second Payment Claim issued
Third Payment Claim issued
Notice of intention to apply for adjudication filed
Adjudication response filed
Adjudication conference held
Judgment reserved

7. Legal Issues

  1. Validity of Adjudication Determination
    • Outcome: The court found that the adjudicator had no jurisdiction to hear the dispute and set aside the determination.
    • Category: Substantive
    • Sub-Issues:
      • Excess of jurisdiction
      • Breach of natural justice
  2. Effect of Settlement Agreement
    • Outcome: The court held that the Settlement Agreement extinguished all disputes between the parties as of its date.
    • Category: Substantive
    • Sub-Issues:
      • Extinguishment of claims
      • Misrepresentation
  3. Validity of Payment Claim
    • Outcome: The court found that the Third Payment Claim was a repeat claim but that this did not invalidate the adjudication determination.
    • Category: Procedural
    • Sub-Issues:
      • Intention to claim under the Act
      • Timeliness of claim
      • Repeat claim

8. Remedies Sought

  1. Setting aside of adjudication determination

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Construction Disputes
  • Commercial Litigation
  • Adjudication

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Sungdo Engineering & Construction (S) Pte Ltd v Italcor Pte LtdHigh CourtYes[2010] 3 SLR 459SingaporeCited regarding the requirements for a valid payment claim under the Building and Construction Industry Security of Payment Act.
Lee Wee Lick Terence (alias Li Weili Terence) v Chua Say Eng (formerly trading as Weng Fatt Construction Engineering) and another appealCourt of AppealYes[2013] 1 SLR 401SingaporeCited for the role of the courts in reviewing adjudication determinations under the Act and the requirements for a valid payment claim.
Bristol and West Building Society v MothewN/AYes[1998] Ch 1England and WalesCited for the principle that a voidable contract remains in force until it is set aside.
Shepherd Construction Ltd v Mecright LtdN/AYes[2000] BLR 489England and WalesCited for the proposition that a settlement agreement supersedes the sub-contract and extinguishes all claims under the sub-contract.
Chua Say Eng (formerly trading as Weng Fatt Construction Engineering) v Lee Wee Lick Terence (alias Li Weili Terence)High CourtYes[2011] SGHC 109SingaporeCited regarding the interpretation of the Building and Construction Industry Security of Payment Regulations concerning the timing of payment claims.
JFC Builders Pte Ltd v LionCity Construction Co Pte LtdHigh CourtYes[2013] 1 SLR 1157SingaporeCited regarding whether the Security of Payment Act prohibits the making of a repeat claim.
RN & Associates Pte Ltd v TPX Builders Pte LtdHigh CourtYes[2013] 1 SLR 848SingaporeCited regarding estoppel in challenging the validity of a payment claim.
Brookhollow Pty Ltd v R&R Consultants Pty LtdSupreme Court of New South WalesYes[2006] NSWSC 1New South WalesCited regarding estoppel in challenging the validity of a payment claim.
Australian Timber Products Pte Ltd v A Pacific Construction & Development Pte LtdHigh CourtYes[2013] SGHC 56SingaporeCited regarding the formal validity of a payment claim.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed)Singapore
Building And Construction Industry Security Of Payment Regulations (Cap 30B, RG1, 2006 Rev Ed)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Adjudication determination
  • Settlement Agreement
  • Payment claim
  • Payment response
  • Sub-contract
  • Construction contract
  • Security of Payment Act

15.2 Keywords

  • adjudication
  • construction
  • settlement agreement
  • payment claim
  • security of payment

17. Areas of Law

Area NameRelevance Score
Building and Construction Industry Security of Payment Act80
Construction Law75
Adjudication Determination70
Settlement Agreement65
Contract Law60
Breach of Contract60
Arbitration50
Estoppel30
Summary Judgement20
Business Law20

16. Subjects

  • Construction Dispute
  • Adjudication
  • Contract Law