Ser Kim Koi v GTMS Construction Pte Ltd

Ser Kim Koi v GTMS Construction Pte Ltd

The Court held IC 25 and IC 26 lost temporary finality because the architect did not certify strictly in accordance with the contract (cl 24(4) and Item 72) and issued the Completion Certificate and subsequent interim certificates either without belief in their truth or recklessly; the architect failed to explain...

Source-derived case information.

Citation
[2016] SGCA 07
Parties
Appellant / Defendant in Original Suit: Ser Kim Koi; Respondent / Plaintiff in Original Suit: GTMS Construction Pte Ltd; Third Party / Architect: Chan Sau Yan
Court
Court of Appeal
Jurisdiction
Singapore
Judgment Date
4 March 2016
Case Number
CA 163/2014
Procedural Posture
Civil Appeal Against Entry of Summary Judgment Based on Interim Payment Certificates Under SIA Conditions / Court of Appeal Judgment on Appeal From High Court (appeal From Assistant Registrar and Judge)
Outcome
Appeal allowed; summary judgment and orders below set aside; disputed interim certificates deprived of temporary finality
Legal Topics
Interim Payment Certificates, Architect's Certificates, Temporary Finality, Fraud (derry Standard), Summary Judgment, Completion Certificate, Retention Monies, Extensions of Time, Top/building Control Compliance
Source Language
english
Building and Construction Contract Law Civil Procedure Professional Negligence/administrative Functions Interim Payment Certificates Architect's Certificates Temporary Finality Fraud (derry Standard) +5 more

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Parties

Ser Kim Koi

Appellant / Defendant in Original Suit

GTMS Construction Pte Ltd

Respondent / Plaintiff in Original Suit

Chan Sau Yan

Third Party / Architect

Procedural Posture

Civil Appeal Against Entry of Summary Judgment Based on Interim Payment Certificates Under SIA Conditions / Court of Appeal Judgment on Appeal From High Court (appeal From Assistant Registrar and Judge)

Legal Issues

  1. 1 Whether Interim Certificates Nos 25 and 26 lost temporary finality under cl 31(13) of the SIA Conditions due to fraud or recklessness by the Architect
  2. 2 Whether the Completion Certificate was issued strictly in accordance with cl 24(4) and Item 72 of the contract
  3. 3 Whether the Architect certified payment and released retention monies in breach of contractual certification requirements

Ratio Decidendi

The Court held IC 25 and IC 26 lost temporary finality because the architect did not certify strictly in accordance with the contract (cl 24(4) and Item 72) and issued the Completion Certificate and subsequent interim certificates either without belief in their truth or recklessly; the architect failed to explain late release of a retention moiety and unexplained valuation discrepancies, therefore summary judgment based on IC25 and IC26 could not stand and was set aside.

Court Disposition

Appeal allowed; summary judgment and orders below set aside; disputed interim certificates deprived of temporary finality

Orders

  • Judgment and orders of Assistant Registrar and High Court judge set aside
  • Appellant to have costs here and below (including costs of SUM 5454/2014); costs to be agreed or taxed