PRO-ACTIVE ENGINEERING PTE. LTD. v PRIME STRUCTURES ENGINEERING PTE LTD

PRO-ACTIVE ENGINEERING PTE. LTD. v PRIME STRUCTURES ENGINEERING PTE LTD

On the evidence Pro-Active was dilatory and breached express LOA obligations; Prime validly engaged others to complete omitted installation works and incurred recoverable back charges under the LOA; most back charges were proved as reasonably and necessarily incurred and properly recoverable and were set off against sums due to Pro-Active, leaving a net entitlement to Pro-Active of $179,151.04; Prime's counterclaim was discontinued and attracts nominal costs.

Citation
[2023] SGHC 205
Parties
Plaintiff: Pro-Active Engineering Pte Ltd; Defendant: Prime Structures Engineering Pte Ltd
Court
General Division of the High Court
Jurisdiction
Singapore
Judgment Date
31 July 2023
Case Number
HC/S 907/2021
Procedural Posture
Civil Suit Building and Construction / Judgment After Trial
Outcome
Judgment for Plaintiff Pro-Active Engineering Pte Ltd for S$179,151.04 plus interest; costs to Plaintiff on State/District Courts scale with additional costs for defendant's late withdrawal of counterclaim
Legal Topics
Extension of Time, Liquidated Damages, Variations, Back Charges, Delay in Completion, Failure to Complete, Scope of Work, Discontinuance, Quantum Meruit
Source Language
English
Building and Construction Law Contract Law Civil Procedure Commercial Law Extension of Time Liquidated Damages Variations Back Charges +5 more

Case Brief

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Parties

Pro-Active Engineering Pte Ltd

Plaintiff

Prime Structures Engineering Pte Ltd

Defendant

Procedural Posture

Civil Suit Building and Construction / Judgment After Trial

Legal Issues

  1. 1 Whether subcontractor performed works expeditiously and whether delay was attributable to subcontractor or others
  2. 2 Whether valid notice of termination was given for specific works
  3. 3 Whether contractor was entitled to levy back charges and set off against sums due

Ratio Decidendi

On the evidence Pro-Active was dilatory and breached express LOA obligations; Prime validly engaged others to complete omitted installation works and incurred recoverable back charges under the LOA; most back charges were proved as reasonably and necessarily incurred and properly recoverable and were set off against sums due to Pro-Active, leaving a net entitlement to Pro-Active of $179,151.04; Prime's counterclaim was discontinued and attracts nominal costs.

Court Disposition

Judgment for Plaintiff Pro-Active Engineering Pte Ltd for S$179,151.04 plus interest; costs to Plaintiff on State/District Courts scale with additional costs for defendant's late withdrawal of counterclaim

Orders

  • Judgment entered for Pro-Active Engineering Pte Ltd in the sum of S$179,151.04
  • Interest at 5.33% per annum from 6 November 2021 until payment on S$179,151.04