H P Construction v Mega Team: SOPA Adjudication Application Timeline Dispute

H P Construction & Engineering Pte Ltd applied to the General Division of the High Court of Singapore to set aside an adjudication determination in favor of Mega Team Engineering Pte Ltd under the Building and Construction Industry Security of Payment Act 2004 (SOPA). The dispute concerned the seven-day period for filing an adjudication application under s 13(3)(a) of SOPA. Philip Jeyaretnam J dismissed the application, holding that the seven-day period excludes the day the entitlement to make the adjudication application arises.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Claimant's application dismissed

1.3 Case Type

Building and Construction Law

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Dispute over Building and Construction Industry Security of Payment Act 2004 (SOPA) regarding the timeline for adjudication application. The court dismissed the application.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
H P Construction & Engineering Pte LtdClaimantCorporationApplication dismissedLost
Mega Team Engineering Pte LtdDefendantCorporationJudgment for DefendantWon

3. Judges

Judge NameTitleDelivered Judgment
Philip JeyaretnamJudge of the High CourtYes

4. Counsels

Counsel NameOrganization
John Lim Kwang MengLIMN Law Corporation
Ng Kai LingLIMN Law Corporation
Lee Yu Xin AudreyLIMN Law Corporation
Joseph Tay WeiwenShook Lin & Bok LLP
Claire Tan Su YinShook Lin & Bok LLP
Swah YeqinShook Lin & Bok LLP
ShirinShook Lin & Bok LLP

4. Facts

  1. The claimant engaged the defendant to supply labour under a sub-contract.
  2. The defendant submitted a payment claim to the claimant on 30 May 2023.
  3. The claimant failed to provide a payment response by 20 June 2023.
  4. The dispute settlement period ended on 27 June 2023.
  5. The defendant made an adjudication application on 6 July 2023.
  6. The adjudicator issued his determination on 21 August 2023.
  7. The claimant applied to set aside the determination on 28 August 2023.

5. Formal Citations

  1. H P Construction & Engineering Pte Ltd v Mega Team Engineering Pte Ltd, Originating Application No 867 of 2023, [2023] SGHC 298

6. Timeline

DateEvent
Building and Construction Industry Security of Payment Act 2004 enacted
Defendant submitted a payment claim to the claimant
Claimant was required to respond to payment claim
Dispute settlement period ended
Defendant became entitled to make the adjudication application
Defendant made an adjudication application
Adjudicator issued his determination
Claimant filed application to set aside the determination
Hearing held
Judgment issued

7. Legal Issues

  1. Interpretation of s 13(3)(a) of the Building and Construction Industry Security of Payment Act 2004
    • Outcome: The court held that the seven-day period to file an adjudication application under s 13(3)(a) of SOPA excludes the day the entitlement to make the adjudication application arises.
    • Category: Statutory
  2. Applicability of s 50(a) of the Interpretation Act 1965 to s 13(3)(a) of SOPA
    • Outcome: The court held that s 50(a) of the Interpretation Act 1965 applies to the interpretation of s 13(3)(a) of SOPA.
    • Category: Statutory
  3. Patent errors in adjudication application
    • Outcome: The court held that there were no patent errors in the adjudication application.
    • Category: Procedural

8. Remedies Sought

  1. Setting aside of adjudication determination

9. Cause of Actions

  • Setting aside of adjudication determination

10. Practice Areas

  • Construction Law
  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
YTL Construction (S) Pte Ltd v Balanced Engineering & Construction Pte LtdHigh CourtYes[2014] SGHC 142SingaporeCited for the interpretation of the timeline for making an adjudication application under SOPA.
Suresh s/o Suppiah v Jiang GuoliangHigh CourtYes[2016] 4 SLR 645SingaporeCited for the common law rule on computation of time from a certain date.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Building and Construction Industry Security of Payment Act 2004Singapore
Interpretation Act 1965Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Adjudication application
  • Dispute settlement period
  • Payment claim
  • Payment response
  • Building and Construction Industry Security of Payment Act 2004
  • SOPA
  • Entitlement to make an adjudication application
  • Patent error

15.2 Keywords

  • SOPA
  • Adjudication
  • Construction
  • Payment
  • Timeline
  • Singapore

17. Areas of Law

Area NameRelevance Score
Building and Construction Industry Security of Payment Act95
Construction Law90
Statutory Interpretation70
Arbitration40
Administrative Law30
Contract Law30
Civil Procedure20

16. Subjects

  • Construction Dispute
  • Adjudication
  • Statutory Interpretation