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SOP Casebook, A Commentary on Building and construction Industry Security of Payment Act


SOP Casebook, A Commentary on Building and construction Industry Security of Payment Act
Nov 2013

USD 201.00

(All prices are valid in Malaysia and inclusive of SST where applicable, and subject to change without prior notice.)

Since the enactmen of the SOP Act 2004, there have been several cases that went to the High Court for devisions. Last year, the Court of Appeal delivered its first judgment on payment claim. This judgment was written by the out-going Chief Justice, the Honourable Chief Justice Chan Sek Keong. This year, 2013, the Court of Appeal gave judgment on payment response delivered by the current Chief Justice, the Honourable Chief Justice Sundaresh Menon.

The 2012 Court of Appeal decision was important as it "re-aligned" several High Court cases which gave decisions on the determination of a valid payment claim. The 2013 CA decision, on the other hand, interpreted section 15(3) of the SOP Act and its relationship with the principles of natural justice.

Key highlights:

  • The book has been written for busy professionals in the construction industry. It summarises the respective legal position of the claimants and respondents as declared by the selected court decisions in an easy to read format.
  • Supplemented by the full report of selected court decisions for those wanting to know the background of the cases, the grounds of the court decisions and further views of the court
  • Many useful points have been captured on the validity of payment claim and repeat claim from the Court of Appeal decision of Terence, also known as the Chua Say Eng's case
  • The book also serves as a warning to unsuspecting claimants and respondents about the areas where the SOP Act would require consideration for amendments as shared by the courts



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