Management Corporation v Comtech: Deed of Indemnity & Construction Defects
The Management Corporation Strata Title Plan No 1933 sued Comtech Corporation Pte Ltd and Liang Huat Aluminium Limited in the High Court of Singapore on 11 October 2000, alleging defects in the aluminium windows and glazing works of a condominium. The plaintiffs claimed under a Deed of Indemnity. The court, Chan Seng Onn JC, dismissed the plaintiffs' claim, finding it premature because the plaintiffs had not yet incurred costs to remedy the defects. The court construed the Deed of Indemnity as requiring the defendants to be given the opportunity to rectify the defects before the plaintiffs could claim reimbursement.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Plaintiffs' claim dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Strata Management Corporation sues Comtech for defective construction. The court found the claim premature, construing the Deed of Indemnity.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| The Management Corporation Strata Title Plan No 1933 | Plaintiff | Corporation | Claim Dismissed | Dismissed | Anthony Lee, Lynette Chew |
| Comtech Corporation Pte Ltd | Defendant | Corporation | Claim Dismissed | Won | Seetow Soo Ling |
| Liang Huat Aluminium Limited | Defendant | Corporation | Claim Dismissed | Won | Goh Phai Cheng, Cheah Kok Lim |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chan Seng Onn | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anthony Lee | Bih Li and Lee |
| Lynette Chew | Bih Li and Lee |
| Seetow Soo Ling | Patrick Wee & Partners |
| Goh Phai Cheng | Ang & Partners |
| Cheah Kok Lim | Ang & Partners |
4. Facts
- The plaintiffs are the management corporation of a condominium.
- The 1st defendants were the main contractors for the condominium's construction.
- The 2nd defendants were the nominated subcontractors for the aluminium windows and glazing works.
- The 1st and 2nd defendants executed a Deed of Indemnity in favor of the developer, which was later assigned to the plaintiffs.
- The plaintiffs alleged that the window frames had faded/discoloured and the window handles were faulty.
- The plaintiffs notified the defendants of the defects and demanded rectification.
- The defendants failed to rectify the defects, leading to the lawsuit.
5. Formal Citations
- The Management Corporation Strata Title Plan No 1933 v Comtech Corporation Pte Ltd and Another, Suit 119/2000, [2000] SGHC 207
6. Timeline
| Date | Event |
|---|---|
| Completion certificate issued. | |
| Deed of Indemnity executed. | |
| Deed of assignment assigned to the plaintiffs. | |
| Notice of defects given to defendants. | |
| Action instituted. | |
| Judgment issued. |
7. Legal Issues
- Construction of Deed of Indemnity
- Outcome: The court construed the Deed of Indemnity as requiring the defendants to be given the opportunity to rectify the defects before the plaintiffs could claim reimbursement.
- Category: Substantive
- Sub-Issues:
- Interpretation of clauses
- Interrelation of clauses
- Breach of Contract
- Outcome: The court held that the plaintiffs' claim for breach of contract was premature.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Indemnity
10. Practice Areas
- Construction Defect Litigation
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| No cited cases | |||||
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Land Titles (Strata) Act (Cap.158) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Deed of Indemnity
- Defects
- Remedial Works
- Reimbursement
- Joint and Several Liability
- Construction Defects
- Indemnity
- Warranty
15.2 Keywords
- Deed of Indemnity
- Construction Defects
- Strata Title
- Singapore
- High Court
16. Subjects
- Construction Dispute
- Contract Law
- Indemnity
17. Areas of Law
- Construction Law
- Contract Law
- Building and Construction Law
- Civil Procedure