Abstract:
This article is a commentary of the recent Court of Appeal case of Audi Construction Pte Ltd v Kian Hup Construction Pte Ltd [2018] 1 SLR 317. In this case, the Court of Appeal adjudged on two principal issues that are central to the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed), namely the proper date for service of a payment claim; and the consequences of a failure to submit a payment response. This commentary looks at the case against the backdrop of decisions both prior to and in the wake of it and examines the ramifications of the Court of Appeal’s decision.