In GA Engineering Pte Ltd v Sun Moon Construction Pte Ltd [2020] SGHC 167, a subcontract for a glass curtain wall system referred to a set of Glass Specifications which came into existence only after the subcontract was formed. The High Court held that it was the parties’ objective intention …
Continue readingAuthor: Chow Kok Fong
Effect of Supplementary Agreements on SOP Timelines
A supplementary agreement may operate to displace the operation of the termination provisions of the original contract. In Orion-One Residential Pte Ltd v Dong Cheng Construction Pte Ltd and another [2020] SGCA 121, the original contract was based on the REDAS Form. The parties subsequently entered into a supplementary agreement. …
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 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 …
Continue readingEmployer’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 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 …
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