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33Club Pte Ltd v Design Cliniq Pte Ltd [2026] SGHC 39

In 33Club Pte Ltd v Design Cliniq Pte Ltd, the High Court of the Republic of Singapore addressed issues of Building and Construction Law — Construction torts, Building and Construction Law — Contractors’ duties.

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Case Details

  • Citation: [2026] SGHC 39
  • Court: High Court of the Republic of Singapore
  • Date: 2026-02-20
  • Judges: Mohamed Faizal JC
  • Plaintiff/Applicant: 33Club Pte Ltd
  • Defendant/Respondent: Design Cliniq Pte Ltd
  • Legal Areas: Building and Construction Law — Construction torts, Building and Construction Law — Contractors' duties, Building and Construction Law — Damages
  • Statutes Referenced: Building and Construction Industry Security of Payment Act
  • Cases Cited: [2014] SGHC 177, [2017] SGHC 93, [2026] SGHC 39
  • Judgment Length: 87 pages, 26,025 words

Summary

This case concerns a dispute between 33Club Pte Ltd ("the Claimant") and Design Cliniq Pte Ltd ("the Defendant") over a renovation project at the Claimant's club premises. The Claimant engaged the Defendant to carry out renovation works, including the installation of travertine fluted tiles. However, issues arose with the tiles, leading to accidents and disputes over the quality of the work. The Claimant brought a claim against the Defendant, while the Defendant filed a counterclaim. The court had to determine whether the Claimant's claim should succeed and whether the Defendant's counterclaim was justified, based on an analysis of the terms of the contract, the renovation works, and the parties' respective losses and entitlements.

What Were the Facts of This Case?

The Claimant, 33Club Pte Ltd, is a Singapore company that operates a private members' club. In or around May 2022, the Claimant engaged the Defendant, Design Cliniq Pte Ltd, to carry out renovation works at the club's premises. The renovation works included the installation of travertine fluted tiles on the walls, primarily around a staircase, as well as various other works.

The parties communicated about the renovation works through a WhatsApp chat group, where they discussed matters such as the scope of works, the timeline, and the contract value. On 20 May 2022, the Defendant sent the Claimant a bill of quantities document outlining the planned renovation works, and the Claimant instructed the Defendant to "proceed as stated".

The renovation works commenced on 23 May 2022 with hacking works. The Claimant paid the Defendant $50,000 on 2 June 2022 for the initial phase of the works. Issues later arose with the installation of the travertine fluted tiles, leading to accidents in December 2022. The parties then engaged in an adjudication process under the Building and Construction Industry Security of Payment Act.

The key legal issues in this case were:

1. Whether the Claimant's claim against the Defendant should succeed, in relation to the issues with the travertine fluted tiles, the door closers, and other alleged defects in the renovation works.

2. Whether the Defendant's counterclaim against the Claimant should succeed, in relation to the scope and pricing of the renovation works, and the sums owed by the Claimant to the Defendant.

How Did the Court Analyse the Issues?

The court examined the evidence and the parties' arguments in detail to determine the key issues.

Regarding the travertine fluted tiles, the court considered the initial installation and dislodgment of the tiles, the subsequent drilling of screws into the tiles, the safety of the rectification works, and the expert evidence on the tiles' suitability and installation. The court also examined the issues with the door closers and other alleged defects.

On the Claimant's alleged losses, the court scrutinized the evidence and the parties' submissions to determine the appropriate quantum of damages, if any, that the Claimant was entitled to.

In relation to the Defendant's counterclaim, the court analyzed the terms of the contract, including the scope of the renovation works and the agreed pricing, to assess the sums owed by the Claimant to the Defendant.

Throughout its analysis, the court emphasized the importance of clear and detailed contractual arrangements, noting that the parties' initial "looseness" in defining the essential particulars of the renovation project led to later disputes and complications.

What Was the Outcome?

The court's judgment addressed both the Claimant's claim and the Defendant's counterclaim.

Regarding the Claimant's claim, the court found that the Defendant was liable for the issues with the travertine fluted tiles, including the initial installation and subsequent rectification works, and awarded the Claimant damages for the resulting losses.

However, the court dismissed the Claimant's claims in relation to the door closers and other alleged defects, finding that the Claimant had not established the Defendant's liability for these issues.

On the Defendant's counterclaim, the court determined the scope and pricing of the renovation works, and ordered the Claimant to pay the Defendant the outstanding sums owed for the completed works.

Why Does This Case Matter?

This case highlights the importance of clear and detailed contractual arrangements in construction and renovation projects. The court emphasized that the parties' failure to define the essential particulars of the renovation works at the outset led to later disputes and complications.

The judgment provides valuable guidance on the duties and responsibilities of contractors in construction projects, particularly regarding the quality of materials and workmanship. The court's analysis of the expert evidence on the travertine fluted tiles is also noteworthy, as it demonstrates the court's careful consideration of technical issues in assessing the contractor's liability.

Furthermore, the case underscores the significance of alternative dispute resolution procedures, such as the adjudication process under the Building and Construction Industry Security of Payment Act, in resolving construction-related disputes efficiently and effectively.

Legislation Referenced

  • Building and Construction Industry Security of Payment Act

Cases Cited

  • [2014] SGHC 177
  • [2017] SGHC 93
  • [2026] SGHC 39

Source Documents

This article analyses [2026] SGHC 39 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the full judgment for the Court's complete reasoning.

Written by Sushant Shukla
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