Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd

Under the Building and Construction Industry Security of Payment Act, a payment claim served before the contractually stipulated reference date is not necessarily invalid where the claimant had good reason to serve early and the claim took effect from the stipulated date, and a respondent who fails to raise a jurisdictional objection in its payment response (or before the adjudicator) and instead proceeds with the adjudication is precluded by the rule against approbating and reprobating from later challenging the determination on that ground. NOTE: the corpus 'existing_principle' for this id (penalty clauses; Cavendish/Makdessi reformulated test) is incorrect - this is a statutory adjudication case under the SOP Act, not a penalty-clause case.