Construction & Arbitration Update Issue 01/2017

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Construction & Arbitration Update Issue 01/2017

Construction & Arbitration Update Issue 01/2017

Welcome to the 1st issue of the Construction & Arbitration update in 2017.

This issue includes:

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Arbitration at your option, so long as you have agreed to it

The recent Singapore Court of Appeal judgment in Wilson Taylor Asia Pacific Pte Ltd v Dyna-Jet Pte Ltd discusses the legal implications of an arbitration agreement of an asymmetrical nature.

Implying terms of due diligence and when time is of the essence in construction contracts

In CAA Technologies Pte Ltd v Newcon Builders Pte Ltd [2016] SGHC 246, the Singapore High Court held that it could be appropriate to imply a term requiring contractors to perform their obligations with due diligence and expedition, and with respect to that, a term making time of the essence could be implied.

The Singapore High Court clarifies the scope of an adjudication review

For the first time, a Singapore court considered the question of the scope of an adjudication review under the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (the Act).