In Munshi Mohammad Faiz v. Interpro Construction Pte Ltd [2021] SGHC 26, the High Court held that it is permissible in law to hold multiple defendants vicariously liable for the negligence of a single primary tortfeasor (“Dual VL”). It also affirmed the two-stage test for determining whether vicarious liability ought …
Continue readingMonth: September 2021
Maeda v Bauer – a glimpse into how the FIDIC 2017 Ed notice provisions are to be read?
In order to protect one’s entitlement to claims, it is imperative to fully comply with claim notification requirements which are expressed as conditions precedent to one’s entitlement to claims. In the Hong Kong Court of Appeal case of Maeda Kensetsu Kogyo Kabushiki Kaisha also known as Maeda Corporation and Another …
Continue readingEnforceability of Liquidated Damages Clause Not Conditional on Actual Loss
In Comfort Management Pte Ltd v OGSP Engineering Pte Ltd and another (No. 2) [2020] SGHC 165, a sub-subcontractor resisted the imposition of liquidated damages on the ground that the sub-subcontract was “back-to-back” with the upstream subcontract and the main contractor had not imposed any liquidated damages on the subcontractor. …
Continue readingSuspension of Payment upon Termination – Is it an Invalid Pay when Paid Clause?
In Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72, a clause in the contract provided that one of the consequences of termination was that “[n]o further payment shall be made to the Sub-Contractor until the whole of the Main Contract Works has been completed”. …
Continue reading“Better say first” – Fatal failure of the arbitration process needs to be fairly intimated to the tribunal at the appropriate time
In the case of China Machine New Energy Corp v Jaguar Energy Guatemala LLC and another [2020] SGCA 12, the contractor seeking to set aside an arbitral award made in favour of the owners of the power generation plant was unsuccessful before the Singapore Court of Appeal. The arbitration was …
Continue readingFramework for Determining Unconscionability
In CEX v CEY and another [2020] SGHC 100 (2010), a performance bond was called to pressurize a contractor to proceed and continue with work in circumstances which would have been illegal because the relevant permits had lapsed. The court granted an order to restrain the employer from calling on …
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