Author

Nandakumar Ponniya

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Written records are of primary importance in construction projects. Not only do they obviate disputes as to alleged happenings, but they also help focus the parties’ attention on any potential adjustment of the contract sum. In Vim Engineering Pte Ltd. v. Deluge Fire Protection (SEA) Pte Ltd. [2021] SGHC 63, the General Division of the Singapore High Court (SGHC) held that a contractor is not entitled to claim for variation works that were carried out pursuant to…

In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2021] SGCA 34, the Singapore Court of Appeal (SGCA) considered, for the first time, whether an employer has the right to set off its claim for liquidated damages against a contractor’s payment claim in an adjudication under the Building and Construction Industry Security of Payment Act (SOPA). The contractor’s payment claim was submitted on 2 December 2019, and the applicable statute was the pre-amendment Building and Construction…

As the COVID-19 pandemic continues to have a profound impact on businesses, companies have started to look at the medium- to long-term implications of this crisis. We have seen how various industries are embracing and accelerating digital transformation as a way to achieve operational efficiencies, meet business demands and in avoiding, mitigating and resolving disputes during this time. We invite you to join us on Friday, 21 May 2021 as we take a closer look at…

Our Singapore office has released its Dispute Resolution annual video series, where our speakers recap the highlights and developments in 2020. Please see full topic list and as well as the speakers for each and the link to all episodes: Episode 1: Restructuring and Insolvency by Emmanuel Chua. Access video here. Episode 2: Compliance by Celeste Ang. Access video here. Episode 3: Commercial Litigation by Kumar Ponniya: Access video here. Episode 4: Construction by Daniel…

Six years after its inception, the Belt and Road Initiative (BRI) launched by Chinese President Xi Jinping has entered a new, more mature stage. Now based on a more inclusive, transparent and sustainable approach, the global development strategy has been gaining more traction in the 130+ collaborating countries. However, there are two sides to this particular coin: as the opportunities grow, so do the risks. Risk mitigation and compliance for BRI projects have become top…

In the recent Court of Appeal decision in Bi Xiaoqiong (in her personal capacity and as trustee of the Xiao Qiong Bi Trust and the Alisa Wu Irrevocable Trust) v China Medical Technologies, Inc (in liquidation) and another [2019] SGCA 50, the Court of Appeal dismissed an appeal against the grant of a Mareva injunction in support of foreign court proceedings. Background The second respondent, CMED Technologies (“CMED”) was the wholly owned subsidiary of the…

On October 3, 2019, the Reciprocal Enforcement of Foreign Judgments (Amendment) Act (“Act”) came into force. It consolidates and expands Singapore’s regime for statutory recognition and enforcement of foreign judgments by repealing the Reciprocal Enforcement of Commonwealth Judgments Act and amending the Reciprocal Enforcement of Foreign Judgments Act. The Act enables a broader range of judgments to be enforced in Singapore. Previously, the scope of judgments receiving recognition and enforcement was limited to final money…