Harry Elias Partnership LLP assists substructure contractor in resisting main contractor’s application to set aside an Adjudication Determination

In a recent payment dispute between two contractors, Harry Elias Partnership LLP assisted a substructure contractor in successfully resisting a main contractor’s application to the High Court to set aside an Adjudication Determination obtained pursuant to the Building and Construction Industry Security of Payment Act (Cap. 30B).

The substructure contractor was successful in its adjudication application against the main contractor, but the latter had made the application to the Court on the ground that the adjudication application was lodged out of time, and hence, the resulting Adjudication Determination should be set aside. The High Court disagreed with the main contractor’s contention, agreeing instead with our submissions on the proper interpretation of the contract, which had bearing on the period within which the adjudication application was to be made. Accordingly, the High Court dismissed the main contractor’s application.

The Building and Construction Industry Security of Payment Act is aimed to facilitate payments to contractors and suppliers for construction work done in the building and construction industry. The case will continue to be reviewed before a judgment is called on the rights of payment among both parties.