Payment Claims and Response under the SOP Act

14958_NUS_SOP_A3Leaflet_Feb2015_V5.pdf
1
22/4/15
11:42 AM
Seminar on
Payment Claims and Response
under the SOP Act
Marina Mandarin Hotel
SEMINAR FEES
Wednesday, 29 July 2015
BEMA member @ $230
Non member @ $280
Group of 3 or more persons from
same organisation @ $260 per delegate
9.00am – 12.00pm
Please fax your registration form to fax no.6774 8684 by 10 July 2015.
For enquiries, kindly contact Ms Yvonne Yong at e-mail: [email protected] or tel: 6516 6504
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Building & Estate Management Alumni
c/o Departments of Building & Real Estate
School of Design and Environment
National University of Singapore
4 Architecture Drive
Singapore 117566
Attention : Ms Yvonne Yong
Payment Claims and Response
under the SOP Act
29 July 2015 , 9am – 12pm • Marina Mandarin Hotel
Organised by:
Cancellation and transfer: Payment must be received before the event. The organiser reserves the right to cancel or postpone the event due to
unforeseen circumstances. Cancellation or withdrawal will not be entertained upon confi rmation from the organisers. However,
substitution of participants is permissible at no extra charge.
Building & Estate Management Alumni
14958_NUS_SOP_A3Leaflet_Feb2015_V5.pdf
2
22/4/15
11:42 AM
Synopsis
About the Speakers
It has often been said that progress payments
are the lifeline or life blood of contractors or
Programme
sub-contractors in the building and construction
Mr Edwin Lee
Mr Michael Chia
Partner, Eldan Law LLP
Director, Legal Solutions LLC
Practising for 20 years, Edwin has argued both major
Michael holds dual qualifications in building and law. He
industry. When SIA Conditions of Contract
8.30am
10.40am
courtroom disputes and
arbitrations. He is one of the
started his career with a building contractor in 1985. He
instituted the “temporary finality” concept in
Registration
Presentation II
founding partners of Eldan Law LLP. He is recommended
later joined HDB as a Contracts Officer. After he qualified as
order to allow enforcement in courts by way of
9.00am
11.40am
for infrastructure and energy (AsiaLaw Profiles (2007)).
a Chartered Surveyor, he studied law and was called to the
summary
Welcome Address Q & A Session
Apart from his active legal practice, Edwin is also an
Singapore Bar in 1995 and Malaysian Bar in 1998. Michael
Adjunct Assistant Professor with the National University of
started his legal career with M/s Drew & Napier’s Construc-
Singapore and is a trainer for the Singapore Building &
tion Law Department in 1995. Michael joined Legal
Construction Authority on Construction Law.
Solutions LLC as a director in July 2012.
Edwin successfully argued the landmark adjudication case
Michael has over 25 years’ experience advising develop-
of Chua Say Eng v Terence Lee before the Court of Appeal,
ers, owners, contractors, sub-contractors, suppliers and
and before the High Court in the cases of Australian Timber
consultants on legal matters, claims and disputes in build-
Resources v A Pacific, and Mansource v Citiwall.
ing and construction in Malaysia and Singapore. His main
judgment
(O14)
proceedings
of
architect’s payment certificates, it provided
9.10am
12.00nn
some reliefs to contractors and sub-contractors.
Presentation I
End of Seminar
However,
10.10am
under
the
current
O14
court
procedures, it seems harder now for contractors
to rely on O14 to obtain summary judgment in
Tea Break
Qualified for 2 PDUs by Professional Engineers Board
respect of payment certificates. Thus the
adjudication procedures under the Building and
Michael Chia will present the law relating to submission
Construction Industry Security of Payment Act
of a payment claim under the SOP Act, and share his
(Cap 30B) (“SOP Act”) provides an attractive
views on some the major pitfalls to watch out in order to
route for contractors and sub-contractors to
minimise issues in the adjudication process.
facilitate cash flow. In order to avail themselves
of this alternative dispute resolution procedure, a
contractor
or
sub-contractor
under
a
Edwin Lee will discuss how a payment response should
be prepared to be fully effective. He will also discuss the
areas of legal practice are litigation, dispute avoidance and
Edwin is the author of Building Contract Law in Singapore,
resolution, mediation, adjudication and arbitration in
2nd Edition (2003), a co-author of Law & Practice of
construction and related disciplines.
Injunctions
in
Singapore
(2004),
co-author
of
Confidentiality in Arbitration (2007), and one of the general
Michael is on the panels of arbitrators of SIArb, Singapore
editors of the annual Singapore Construction Adjudication
Law Society and KLRCA and an accredited adjudicator
Review.
with the Singapore Mediation Centre and KLRCA. He
various defences and the checklist of things that a
construction contract has to submit a payment
claim under the SOP Act that complies with the
respondent should look out for when faced with an
adjudication application.
requirements of the SOP Act. Otherwise, the
co-authored the “Contractors’ Working Manual on Public
He was cited as a leading Singapore practitioner in
Sector Standard Conditions of Contract for Construction
Euromoney’s 2013 Guide to the World's Leading
Works” published by the Singapore Contractors’ Associa-
Construction Lawyers
tion in 1996 and a construction law book titled “Standard
idea of “pay now, argue later” may sometimes
The seminar will also cover some of the latest local cases
Form of Sub-Contracts-An Annotation” published by
be elusive.
on adjudication, and the lessons to be learnt from them.
Butterworth in 2001.