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 readingMaeda 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 …
Continue readingJailed for Rubber Stamping
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 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 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 reading