“PAY WHEN PAID” PROVISIONS AND TERMINATION OF CONSTRUCTION CONTRACT

In Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72, the Singapore High Court considered what happens when a term in the construction contract purports to suspend payments upon termination of the contract, and renders the liability to pay any further sum contingent or conditional upon the operation of some other contract or agreement.

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Xian Ying Tan
VARIATION CLAIMS: A GENTLEMAN’S CONTRACT IS HIS BOND

In Vim Engineering Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2021] SGHC 63, the High Court held that when a construction contract stipulated that variation works shall be carried out only with written instructions from a designated person, those conditions must be met for a successful variation claim.

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Xian Ying Tan
DUAL VICARIOUS LIABILITY – A REMINDER

In Hwa Aik Engineering Pte Ltd v Munshi Mohammad Faiz and anor [2021] SGHC(A) 1 (“Hwa Aik v Munshi”), the newly established Appellate Division of the High Court refused to grant leave to appeal against the General Division’s recent decision on dual vicarious liability.

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Xian Ying Tan
ARBITRATION AGREEMENT PITFALL

In Cheung Teck Cheong Richard and others v LVND Investments Pte Ltd [2021] SGHC 28 (“Cheung v LVND”), the Singapore High Court found that there was an arbitration agreement based on the parties’ course of conduct and stayed the Court proceedings commenced by the plaintiffs.

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Xian Ying Tan
MUNSHI MOHAMMAD FAIZ V INTERPRO CONSTRUCTION PTE LTD [2021] SGHC 26: DUAL VICARIOUS LIABILITY FOR A SINGLE TORTFEASOR

The High Court recently held that multiple defendants could be vicariously liable for the negligence of a single tortfeasor. Applying the general test in Ng Huat Seng v Munib Mohammad Madni [2017] 2 SLR 1074 (“Ng Huat Seng”), a sub-contractor (“1D”) was found to be vicariously liable for the negligence of another sub-contractor’s (“3D”) employee at the worksite of the construction project (“Project”).

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Xian Ying Tan
NUISANCE VS. CONTINUING NUISANCE

In the England and Wales Court of Appeal (“EWCA”) decision of Jalla & Ors v Shell International Trading and Shipping Company & Anor [2021] EWCA Civ 63 (“Jalla v Shell”), the EWCA dealt with the distinction between a cause of action for nuisance versus a cause of action for continuing nuisance.

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Xian Ying Tan