Newsletters & Bulletins 2018-05-16T08:10:16+00:00

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Construction Law Focus

2016 Ng Huat Seng v Munib Mohammad Madni [2016] SGHC 118
2014 Qwik Built-Tech International Pte Ltd v Acmes-Kings Corp Pte Ltd [2013] SGHC 278 [Lionel Yee JC] (31 December 2013)
2011 Holcim (Singapore) Pte Ltd v Precise Development Pte Ltd and another application [2011] SGCA 1 [Chan Sek Keong CJ, Andrew Phang Boon Leong JA and V K Rajah JA] (19 January 2011)
2011 Zac. T Engineering Pte Ltd v GTMS Construction Pte Ltd – Whether non-payment for another project a ground for stopping works – effect of a variation claim not being made in accordance with contract procedure – claim for completed work done and backcharges
2003 Steel Industries Pte Ltd v Deenn Engineering Pte Ltd – Effect of withdrawal of Certificate of Payment of Main Contractor under clause 31 (2), validity of Certificate of Payment of Main Contractor, interim payment certificate issued 5 years after completion….
2003 Fu Hai Construction Pte Ltd v Econ Corporation Ltd (Suit no.1070 of 2001,unreported judgment dated 31.08.2002) – Soil condition – non-disclosure and misrepresentation – taking back work from the contractor.
2002 Shia Kian Eng (trading as Forest Contractors) v Nakano Singapore (Pte) Ltd (Suit 600245/2000, HC, unreported judgement by Justice Judith Prakash dated 3 APR 2001)
2002 The Contracts (Rights of Third Parties) Act 2001
2002 REDAS Design & Build Conditionns of Contract
2001 Hiap Hong & Company Pte Ltd v Hong Huat Development Co (Pte) Ltd. Civil Appeal No. 104 of 2000 – Construction Law – Certification duties of Architects in building contracts – Duties of Employers/Owners vis-a-vis certification duties of Architects.
2001 SA Shee & Co (Pte) Ltd v Kaki Bukit Industrial Park Pte Ltd [2000] 2 SLR 12 – SIA standard form contract- non-payment of interim certificates of payment – notice of termination – whether notice of termination invalid under clause 33(1)(b) – contractor did not allow 14 days to elapse.
2000 Hong Huat Development Co (Pte) Ltd v. Hiap Hong & Co Pte Ltd, OM No 12 of 1999, unreported High Court judgement. Appeal against Arbitrators award – whether employer is liable for interest arising from architects’ late certification – whether employer is liable for architects’ negligence-liability of architects towards Contractor. Hong Huat Development Co (Pte) Ltd v Hiap Hong & Co Pte Ltd [2000] 2 SLR 609 Application for leave to appeal against Arbitration award under s 28 of the Arbitration Act – the time limit for applying and the point from which time begins to run – application of Nema principles. Lum Chang Building Contractors Pte Ltd v Anderson Land Pte Ltd [2000] 2 SLR 261 Application for leave to appeal against Arbitrators’ award under s 23 (2) of the Arbitration Act – whether it was necessary for the High Court to adopt the arbitrator’s award after it was published – the time limit to apply for leave to set aside the award under section 23(2).
2000 New Civilbuild Pte Ltd v. Guobena Sdn Bhd and The Tai Ping Insurance Co Ltd, Suit No 46 of 1998 – Soil condition – non-disclosure and misrepresentation – taking back work from the contractor. – Damages suffered and loss incurred as a result of delay – Payment of progress payment claims withheld – whether call on performance bond was fraudulent or unconscionable – whether order discharging interlocutory injunction is final.
2000 Lee Sian Teck Chartered Architects v Chuang Uming (Pte) Ltd and Setron Limited – Joint Liability of Contractor and Design Consultant for Defects in works – pinciple and effect of joint judgement – circumstances in which joint liability will be imposed – effect of apportionment of liability inter se by the courts impact of decision on allocation of risks.
1999 GHL Pte Ltd vs Unitrack Building Construction Pte Ltd and Anot (Unreported) Civil Appeal No. 20 of 1999 – Performance bond – revision of contract sum – interim injunction to restrain receipt of payment under the bond – whether conduct of beneficiary unconscionable.
1999 Interpro Engineering Pte Ltd v Sin Heng Construction Co Pte Ltd [1998] 1 SLR 694 – Sub-Contract – claim for payment for work done – effect of “pay when paid” clause – whether effective to prevent plaintiffs from being paid until defendants received payments from other party.
1999 RSO Architects Planners & Engineers (Reglad Squire & Partners F.E.) v The Management Corporation Strata Title Plan No. 1075 & Anor… Civil Appeal No 246 of 1998. [unreported] – Singapore: Architects’ Duty of Care To Management Corporations of Condominium Developments for Economic Loss
1999 SG Industrial Pte Ltd vs Eros Electrical Engineering & Construction Pte Ltd, Suit no.1187 of 1992 unreported – Termination of sub-construct – Main contractor claimed damages arising from termination – Counterclaim by sub-contractor for damages for loss of profit.
1998 Raymond Construction Pte Ltd v Low Yang Tong & Anor (yet unreported) in suit no. 1715 of 1995 – Damages for defective works and defect liability period – proper method to be used to value variations – acceptance of defective works by Architect or employer.
1997 San International Pte Ltd v Keppel Engineering Pte Ltd (Suit no. 411 of 1996) – Performance bond – injunction to restrain payment pursuant to call made on the bond.
1996 RSP Architects & Engineers v Ocean Front Pte Ltd [1996] 1 SLR 113 – Claim for pure economic loss – management corporations.
1996 Kum Leng General Contractor v Hytech Builders Pte Ltd [1996] 1 SLR 751, High Court, Singapore – Building contract – delay in completion of building works by sub-contractor causing delay to main contractor – main contractor purporting to exercise right of set-off against progress payments due to sub-contractor – construction of contract – whether main contractor has a right of set -off at law or under sub-contract.
1996 Re An Arbitration Between Hainan Machinery Import and Export Corporation and Donald & Mcarthy Pte Ltd [1996] 1 SLR 34 – Arbitration – enforcement of foreign award – International Arbitration Act 1994.
1995 Bocotra Construction Pte Ltd & Ors v Attorney General (No 2) 1995 2 SLR 733 – Performance Bonds – whether proof of default in performance of contract required before call for payment under bond – interim injunction to restrain cell – whether Court should examine disputes relating to the underlying contract-whether balance of convenience test relevant injunction was whether there is fraud or conscionability.
1995 Re An Arbitration between Bocotra Construction Pte Ltd & Ors and Public Works Department, Government of the Republic of Singapore [1995] 1 SLR 567 – Claim against PWD by contractors – interim injunction granted by the arbitrator restraining call on the bond – declaratory order against the Government – powers of the arbitrator – SIAC Rules.
1995 Walter Wright Mammoet (Singapore) Pte Ltd v. Resources Development Corp Pte Ltd [1994] 3 SLR 121 – Insurance – clause in sub-contract required plaintiffs to “provide insurance for the beam, all equipments, machineries and personnel” – claim by plaintiffs against the defendants in negligence, and breach and repudiation of contract – defence that because of the insurance clause – the plaintiffs were not entitled to pursue claim against defendants for damage to the equipment.
1995 Arum Building Services (Pte) Ltd v Greatearth Construction Pte Ltd [1994] 3 SLR 330, High Court, Singapore – Construction subcontract – alleged right to set off claim against the subcontractor – architect’s interim certificate – entitlement of subcontractor to summary judgment on certified amount – whether a stay of proceedings for reference to arbitration on the application of the main contractor should be allowed. New Publications – Institute for Research in Construction, National Research Council Canada
1994 Sim & Associates (sued as a firm) v Alfred Tan [1994] 3 SLR 169, Court of Appeal, Singapore – Construction contract – Defective works – Negligence of Architect – Duties of Architect in Certifying and Supervision. Ahong Construction (s) Pte Ltd v United Boulevard Pte Ltd [1994] 2 S L R 735 – Construction contract – Leave to Appeal from Arbitrator’s award – Nema Guidelines – Question of whether Arbitrator’s decision not to award interest constitutes strong prima facie case that Arbitrator is wrong.
1994 Engineering Construction Pte Ltd v Attorney General [1994] 1 SLR 687 – Construction contract – issue of certificate that works ought reasonably to have been completed by superintending officer – validity of certificate. Chartered Electronics Industries Ltd v The Development Bank of Singapore Ltd; Suit no. 485 of 1990 (unreported) – Performance bond – injunction to restrain call on bond – question of fraud.
1994 Legislation – The Application of English Law Act 1993
1993 Assoland Construction Pte Ltd v Malayan Credit Properties Pte Ltd [1993] 3 SLR 470 – SIA standard form contract – interim certificates -summary judgment and right of set-off – delay certificate issued – whether architect’s grant of extension of time valid – effect of implied undertaking.
1993 Engineering Construction Pte Ltd v. Attorney General & Anor [1993] 1 SLR 390 – Government contract – delay in completion – whether employer entitled to deduct liquidated damages.
1993 Engineering Construction Pte Ltd v. Attorney General & Anor [1993] 1 SLR 390 – Government contract – delay in completion – whether employer entitled to deduct liquidated damages. People’s Park Chinatown Devt Pte Ltd (in liquidation ) v Schindler Lifts (S) Pte Ltd [1993] 1SLR 591 – Contract – implied term – installation of escalators – whether escalators had become fixtures – passing of property – whether the suppliers of escalators can unfix escalators and retake possession of them.
1992 Issue 2 of 1992: Legislation – Limitation (Ammendment) Act 1992 Seal Offers in Arbitration Cases
1992 Issue 1 of 1992: Legislation – Act No. 22 of 1992 amending Limitation Act (Cap. 163) Palmer & Anor v Dunford Ford (a firm) and Anor 9-CLD-08-08 – Liability of Expert Witnesses for Negligence. Quadrant Visual Communications Ltd & Ors v Hutchinson Telephone (UK) Ltd & Anor 9-CLD-07-31 – Exclusion of court’s discretion on “equitable set off by the terms of the contract”.

Seminar Presentations/Materials

May  2011 Adjudication – The Quick & Cheap Solution to Getting Payment (presented at seminar organised by the Singapore Contractors Association in May 2011)
Aug 2010 Understanding, Preparation & Handling of Claims for Defects by Management Corporations (presented at the Legal Net Asia Building Maintenance and Strata Management seminar in August 2010)
Dec 2009 How Secured Is the SOP Act in Assisting Contractors to Get Payment? (presented at seminar organised by the Singapore Contractors Association in December 2009
Nov 2009 Mixed-Use Developments and Developments Comprising Different Types of Strata Lots (presented at the Lexis Nexis Building Maintenance and Strata Management seminar in November 2009)
Nov 2008 How to Legally End a Contract? (presented at seminar organised by the Singapore Contractors Association in November 2008)
Sep 2008 Common Pitfalls in Contract Formation (presented at seminar organised by the Singapoer Contractors Association in September 2008)
Jan 2008 Recent Developments in the Law relating to the Duty of Care of Professional Consultants (presented at seminar organised by the Institution of Engineers in January 2008)
Oct 2007 An Overview of Guaranteed Maximum Price (GMP) Contracts (presented at seminar organised by the Singapore Contractors Association in October 2007)
Jul 2007 Scope and Extent of Engineers’ Legal Responsibilities for Defects and Construction Activities on Site (presented at IES-MOM seminar on “Moving Beyond Nicoll Highway Incident” in July 2007)
Apr 2007 Legal Implications Arising from Building Defects (presented at CPG’s seminar on Understanding Building Defects and How to Aovid It in April 2007)
Mar 2007 Legal Implications of the Recent Land Sand Export Ban on Employers (presented at seminar organised by DLS Consultancy in March 2007)
May 2006 Act and Sewerage & Drainage (Surface Water Drainage) Regulations and Consequences for Non-Compliance (presented at REDAS Joint Seminar on Erosion and Sediment Control and Water Conservation in May 2006)
Jan 2005 Building and Construction Industry Security of Payment (SOP 2004) Act: (Presented in Mandarin at seminar organised by the Singapore Contractors Association on 27th January 2005)
Dec 2004 Proposed Security of Payment Legislation: Key Areas (Presented at seminar organised by the Singapore Contractors Association on 3 December 2004)
Aug 2004 Major Review of Developments in Construction Law (Presented at Lexis-Nexus Annual Seminar)
Jan 2003 Liquidation, Judicial Management & Scheme of Arrangements – Procedure & Practices (presented at seminar organised by the Singapore Contractors Association in January 2003)
1995 Recent Developments in Arbitration & Dispute Resolution in Singapore
1994 Outline of Singapore Legal System and Law
Aug 1994 Outline of Singapore Construction Law and Practice