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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