Where the contract between the parties stipulates that variation works shall be carried only with written instructions, and there were no written instructions but only oral instructions, the claim for variations will not be valid: Vim Engineering Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd  SGHC 63. The …Continue reading
Author: Edwin Lee
Meaning of “Day” in the SIA Contract
Does “day” in the SIA contract mean every day of the week, or does it exclude public holidays? The claimant in an adjudication argued that the word “day” under the SIA 9th Edition must follow the definition of “day” under the Building and Construction Industry Security of Payment Act (SOP …Continue reading
Suspension of Payment upon Termination – Is it an Invalid Pay when Paid Clause?
In Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd  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
If 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  AC 79. In Denka Avantech Pte Ltd v Seraya Energy Pte Ltd  SGCA 119, the Singapore Court of Appeal …Continue reading