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Panther Real Estate v Modern Executive Systems [2022] DIFC TCD 003: The High Cost of Abandonment and the Limits of FIDIC Termination
A deep dive into the DIFC Technology and Construction Division's rigorous approach to contract termination, liquidated damages, and the evidentiary threshold for completion costs.
NCC International AB v Alliance Concrete Singapore Pte Ltd [2007] SGHC 64
The court will not grant an interlocutory mandatory injunction where the plaintiff has failed to demonstrate a need for urgent intervention and has bypassed the agreed dispute resolution process.
Chan Hong Seng Engineering and Construction Pte Ltd v Vatten International Pte Ltd [2004] SGHC 62
The assessment of damages for breach of a construction subcontract requires reliance on interim progress certificates to determine the value of work done and the cost of completion by a third party.
Chan Hong Seng Engineering and Construction Pte Ltd v Vatten International Pte Ltd (No 2) [2004] SGHC 241
The court clarified that Hyundai's certificates were not the sole evidence for assessing work done, and that a 10% under-valuation by Hyundai should be added to the certified amounts.
Delta Engineering & Construction Pte Ltd v Wiseco Trading Pte Ltd and Others [2002] SGHC 44
A conspiracy by unlawful means requires proof of a combination to commit an unlawful act with the intention of injuring the plaintiff. Section 73B(1) CLPA requires proof of intent to defraud creditors.
Shia Kian Eng (trading as Forest Contractors) v Nakano Singapore (Pte) Ltd [2001] SGHC 68
The court held that the sub-contracts were partly oral and partly in writing, and that the standard conditions of sub-contract were not incorporated. Termination of the sub-contracts by the main contractor was wrongful as the delay did not amount to repudiation.
Chai Yong Construction Co Pte Ltd v Chan Hock Seng and Another [2001] SGHC 360
The court held that the defendants were liable for the contract sum as the plaintiffs had proven their claim and the defendants' counterclaim for defects was largely unsubstantiated or caused by the defendants' own conduct.
Jia Chen Construction Pte Ltd v Wei Sin Construction Pte Ltd [2000] SGHC 73
The court held that the Defendants wrongfully repudiated the subcontract by unilaterally omitting works and failing to make timely payments, and that the Plaintiffs were entitled to the value of work done, loss of profits, and the return of the retention sum.