Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd: Timeline for Lodging Adjudication Application under SOPA
In Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd, the High Court of Singapore addressed whether an adjudication application lodged by M & S Management & Contracts Services Pte Ltd was out of time under the Building and Construction Industry Security of Payment Act. The court, presided over by Justice Lee Seiu Kin, held that the operative date for calculating the timeline was the date of physical service of the payment claim, not the date stated on the claim. Consequently, the court found that the adjudication application was lodged out of time and set aside the adjudication determination. The claim concerned the timeline for lodging an adjudication application.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Adjudication Determination set aside.
1.3 Case Type
Building and Construction Law
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The High Court held that the adjudication application was out of time, as the operative date was the date of physical service of the payment claim.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Lendlease Singapore Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | Joseph Lee Sien Liang, Chew Wei Jie, Yap Pei Yin |
| M & S Management & Contracts Services Pte Ltd | Defendant | Corporation | Adjudication Determination set aside | Lost | Brendon Choa Sn-Yien, Zachariah Chow Jie Rui, Milon Goh |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lee Seiu Kin | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Joseph Lee Sien Liang | LVM Law Chambers LLC |
| Chew Wei Jie | LVM Law Chambers LLC |
| Yap Pei Yin | LVM Law Chambers LLC |
| Brendon Choa Sn-Yien | ACIES Law Corporation |
| Zachariah Chow Jie Rui | ACIES Law Corporation |
| Milon Goh | ACIES Law Corporation |
4. Facts
- Lendlease is the main contractor for the Paya Lebar Quarter project.
- Lendlease engaged M & S Management & Contracts Services to supply general labour.
- The contract provided for payment claims to be made on the 20th of each month.
- M & S served payment claim no 29 on Lendlease on 18 January 2019, but dated it 20 January 2019.
- Lendlease served its payment response on 8 February 2019.
- M & S served its notice of intention to apply for adjudication on 25 February 2019 and lodged the AA on the same day.
- Lendlease objected that the AA was lodged out of time.
5. Formal Citations
- Lendlease Singapore Pte Ltd v M & S Management & Contracts Services Pte Ltd, Originating Summons 426 of 2019, [2019] SGHC 139
6. Timeline
| Date | Event |
|---|---|
| Defendant served payment claim no 29 on the plaintiff | |
| Date stated on payment claim no 29 | |
| Plaintiff served its payment response on the defendant | |
| Defendant served its notice of intention to apply for adjudication and lodged the AA with the Singapore Mediation Centre | |
| Plaintiff filed its adjudication response | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Timeline for lodging Adjudication Application
- Outcome: The court held that the adjudication application was out of time.
- Category: Procedural
8. Remedies Sought
- Setting aside of Adjudication Determination
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Dispute
- Arbitration
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd | Court of Appeal | Yes | [2018] SGCA 4 | Singapore | Cited regarding the validity of service of a payment claim and the operative date of the payment claim, but distinguished due to differing contractual provisions. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Section 13(3)(a) Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Adjudication Application
- Payment Claim
- Payment Response
- Building and Construction Industry Security of Payment Act
- Operative Date
- Business Day
15.2 Keywords
- Adjudication
- Payment Claim
- SOPA
- Construction
- Timeline
16. Subjects
- Construction Dispute
- Arbitration
- Contract Law
17. Areas of Law
- Building and Construction Law
- Construction Law
- Contract Law
- Arbitration Law