In SH Design & Build Pte Ltd v Jurong Port Pte Ltd and another [2026] SGHC 159, the General Division of the Singapore High Court ruled on when a decision of a Superintending Officer (SO) made under Clause 35.1(2) of the Public Sector Standard Conditions of Contract for Construction Works (Seventh Edition 2014) (PSSCOC) is final and binding. In this case, the SO issued a decision within the mandatory 30-day time limit, but that decision did not answer the question referred to him. His later clarification did answer the question, but was invalid because it was given outside the 30-day deadline. As neither constituted a final and binding decision under Clause 35.1(2) of the PSSCOC, the employer’s subsequent demand on the performance bond, which relied on both the initial decision and the clarification, was held to be invalid.
To view our update on the decision, please click here.
If you would like information and/or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or the following Partner:
SIM Qian Yi
Partner – Infrastructure, Construction & Engineering
d +65 6517 3798
e qianyi.sim@wongpartnership.com
Click here to view Qian Yi’s CV.