In Leong Sow Hon v. Public Prosecutor [2020] SGHC 228, the High Court clarified that accredited checkers owe personal and non-delegable duties under the Building Control Act. The accredited checker is supposed to provide an independent check of not merely high-level plans, but also specific design calculations. While the accredited …
Continue readingMonth: August 2021
Employer’s Rep under the REDAS Form is not an Independent Certifier
In CEQ v CER [2020] SGHC 70 the High Court distinguishes between the role of an architect under the SIA Form and the employer’s representative under the REDAS Form. It held that an architect under the SIA Form “plays an integral role in the payment certification process” and has been …
Continue readingFailing to Submit a Payment Response – The Extent of the Respondent’s Handicap
Following the Court of Appeal decisions in Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd [2018] 1 SLR 317 and Comfort Management Pte Ltd v OGSP Engineering Pte Ltd [2018] 1 SLR 979, it is settled that a respondent is precluded from relying on any reasons for withholding …
Continue readingAdjudication Determination Set Aside for Fraud
In Façade Solution Pte Ltd v Mero Asia Pacific Pte Ltd [2020] SGCA 88, a subcontractor represented that it had control over certain undelivered panels which it was bound to deliver under a subcontract when in fact it did not. This misrepresentation led the adjudicator to allow the claim in …
Continue readingEstablishing a Variation Claim
In Comfort Management Pte Ltd v OGSP Engineering Pte Ltd and another (No. 2) [2020] SGHC 165, the High Court approved a two-stage approach to establish a variation claim. First a claimant has to show that a valid instruction has been issued for the variation. The instruction has to be …
Continue readingDoes Section 17(2A) of the SOP Act apply to liquidated damages?
In Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2020] SGHC 191, Justice Lee Seiu Kin had opined that he “did not consider the introduction of s 17(2A) of the SOP Act to be any signal of parliamentary disapproval of adjudicators considering liquidated damage claims under the SOP regime”. …
Continue readingIf It Isn’t Broken, Don’t Fix It
The test for whether liquidated damages is unenforceable as a penalty remains as set out in the 1915 case of Dunlop Pneumatic Tyre v New Garage and Motor Co [1915] AC 79. In Denka Avantech Pte Ltd v Seraya Energy Pte Ltd [2020] SGCA 119, the Singapore Court of Appeal …
Continue readingProving Actual Loss for Calls on Indemnity Bonds
In Chiu Teng Construction Co Pte Ltd v. AXA Insurance Pte Ltd [2020] SGHC 234, the High Court revisited the propositions relating to indemnity bonds set forth in JBE Properties Pte Ltd v. Gammon Pte Ltd [2011] 2 SLR 47 and York International Pte Ltd v. Voltas Ltd [2013] 3 …
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