Trustee v. Soon Kiat: Adjudication Application Delay & Building and Construction Industry Security of Payment Act
In Trustee of the estate of Tay Choon Huat, deceased v Soon Kiat Construction & Maintenance Pte Ltd, the High Court of Singapore addressed whether the defendant's adjudication application was filed late. The plaintiff applied to set aside the adjudication determination, arguing the application was untimely. The court, presided over by Andre Maniam JC, found that the adjudication application was indeed filed late and set aside the adjudication determination. The case centered on interpreting the term 'day' within the context of the Singapore Institute of Architects Conditions of Contract and the Building and Construction Industry Security of Payment Act.
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 of Singapore set aside an adjudication determination because the adjudication application was filed one day late, focusing on the interpretation of 'day' in the SIA Conditions.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Trustee of the estate of Tay Choon Huat, deceased | Plaintiff | Trust | Judgment for Plaintiff | Won | |
| Soon Kiat Construction & Maintenance Pte Ltd | Defendant | Corporation | Adjudication Determination Set Aside | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Andre Maniam | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- The defendant lodged an adjudication application on 28 May 2020.
- The plaintiff contended the application was late because 'day' includes public holidays.
- The contract incorporated the Singapore Institute of Architects Conditions.
- Clause 31(15)(a) of the SIA Conditions requires a payment response within 21 days.
- The payment claim was served on 20 April 2020, and the payment response was provided on 15 May 2020.
- The plaintiff argued the payment response was due on 11 May 2020, making the application late.
- The defendant argued public holidays should be excluded, making the application timely.
5. Formal Citations
- Trustee of the estate of Tay Choon Huat, deceased v Soon Kiat Construction & Maintenance Pte Ltd, Originating Summons No 798 of 2020, [2020] SGHC 212
6. Timeline
| Date | Event |
|---|---|
| Payment claim served on the plaintiff | |
| Payment response provided | |
| Adjudication application lodged | |
| Hearing date | |
| Judgment date |
7. Legal Issues
- Interpretation of 'Day' in Contract
- Outcome: The court held that 'day' in clause 31(15)(a) of the SIA Conditions includes public holidays.
- Category: Substantive
- Sub-Issues:
- Inclusion of public holidays in the calculation of contractual deadlines
- Timeliness of Adjudication Application
- Outcome: The court found that the adjudication application was filed late.
- Category: Procedural
- Sub-Issues:
- Compliance with statutory deadlines for adjudication applications
8. Remedies Sought
- Setting aside of Adjudication Determination
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Law
- Commercial Litigation
- Adjudication
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| YTL Construction (S) Pte Ltd v Balanced Engineering & Construction Pte Ltd | High Court | Yes | [2014] SGHC 142 | Singapore | Cited as settled law that an adjudication determination can be set aside for the adjudication application being made out of time. |
| UES Holdings Pte Ltd v Grouteam Pte Ltd | High Court | Yes | [2016] 1 SLR 312 | Singapore | Cited as settled law that an adjudication determination can be set aside for the adjudication application being made out of time. |
| UES Holdings Pte Ltd v KH Foges Pte Ltd | High Court | Yes | [2018] 3 SLR 648 | Singapore | Cited as settled law that an adjudication determination can be set aside for the adjudication application being made out of time. |
| ATY Pte Ltd v ATZ Pte Ltd | Singapore Construction Adjudication Review | Yes | [2016] SCAdjR 39 | Singapore | Cited for the argument that 'day' in clause 31(15)(a) of the SIA Conditions includes public holidays, but the present court distinguished it. |
| AFR Pte Ltd v AFS Pte Ltd | Singapore Construction Adjudication Review | Yes | [2011] SCAdjR 70 | Singapore | Cited for the interpretation of 'day' in clause 31(15)(a) of the SIA Conditions to include public holidays, but the present court did not follow it. |
| Fujitec Singapore Corp Ltd v GS Engineering & Construction Corp | High Court | Yes | [2016] 1 SLR 1307 | Singapore | Cited for the interpretation of 'calendar day' including public holidays, and the court's comment on interpreting 'day' in line with the SOPA definition. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) | Singapore |
| 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
- Adjudication Determination
- Payment Claim
- Payment Response
- SIA Conditions
- Building and Construction Industry Security of Payment Act
- Day
- Public Holiday
- Contract Period
- Liquidated Damages
15.2 Keywords
- Adjudication
- Construction
- Payment
- SOPA
- SIA Conditions
- Day
- Public Holiday
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Building and Construction Industry Security of Payment Act | 90 |
| Adjudication | 80 |
| Construction Law | 75 |
| Contracts | 40 |
| Arbitration | 30 |
| Civil Procedure | 20 |
16. Subjects
- Construction Dispute
- Adjudication
- Contract Interpretation