United Eng Contractors v L & M Concrete: Rectification Works Dispute

United Eng Contractors Pte Ltd sued L & M Concrete Specialists Pte Ltd in the High Court of Singapore on 28 April 2000, claiming $385,008.32 for rectification works and materials supplied. L & M Concrete denied owing any sum and counterclaimed $400,637.53 for 'back charges'. The court awarded United Eng Contractors $340,008.32, rejecting a $45,000 claim for 'Preliminaries'. The court allowed L & M Concrete to set off $52,037.20 for admitted invoices, resulting in a judgment for United Eng Contractors in the reduced sum of $287,971.12. The court struck out L & M Concrete's counterclaim, allowing them to institute fresh proceedings.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the Plaintiff in the reduced sum of $287,971.12.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

United Eng Contractors sued L & M Concrete for $385,008.32 for rectification work. The court awarded United Eng $287,971.12 after set-off.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
L & M Concrete Specialists Pte LtdDefendantCorporationCounterclaim Struck OutDismissed
United Eng Contractors Pte LtdPlaintiffCorporationJudgment for PlaintiffPartial

3. Judges

Judge NameTitleDelivered Judgment
Lai Kew ChaiJudgeYes

4. Counsels

Counsel NameOrganization
Intekhab KhanJ Koh & Co
Desmond OngJ Koh & Co
Ramalingam KasiS H Tan & Associates
Tan Siak HeeS H Tan & Associates

4. Facts

  1. United Eng Contractors was employed by L & M Concrete as sub-contractors.
  2. The sub-contract involved rectification works and supply of materials for Hilltop Apartments.
  3. United Eng Contractors claimed $385,008.32 as the balance due for work done and materials supplied.
  4. L & M Concrete denied owing any sum and counterclaimed $400,637.53 for 'back charges'.
  5. The court found that United Eng Contractors had proved claims of $340,008.32 but not the claim for 'Preliminaries' of $45,000.00.
  6. L & M Concrete admitted that $52,037.20 was due to them for work done and materials supplied by them.
  7. The court allowed L & M Concrete to set-off the admitted amount from the debt owed to United Eng Contractors.

5. Formal Citations

  1. United Eng Contractors Pte Ltd v L & M Concrete Specialists Pte Ltd, Suit 1523/1998, [2000] SGHC 74

6. Timeline

DateEvent
Writ filed by the plaintiffs
Defence and Counterclaim filed by the defendants
Plaintiffs filed a Notice of Appeal
Judgment Date

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that the plaintiffs had proved their claims for work done and materials supplied, but rejected their claim for 'Preliminaries'.
    • Category: Substantive
  2. Pleadings
    • Outcome: The court struck out the defendant's counterclaim because the causes of action and material particulars were not properly pleaded.
    • Category: Procedural

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Construction Disputes
  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Hua Khian Ceramics Tiles Supplies Pte Ltd v Torie Construction Pte LtdHigh CourtYes[1992] 1 SLR 884SingaporeCited for the principle of mutual debts cancelling each other out in respect of each party’s respective causes of action.
Banner Investments Pte Ltd v Hoe Seng Metal Fabrication & Engineers (S) Pte LtdHigh CourtYes[1997] 1 SLR 461SingaporeCited for the rule that every pleading must contain a statement of the material facts on which the party pleading relies for his claim.
United Malayan Banking Corp Bhd v MasagoesHigh CourtYes[1994] 1 SLR 766SingaporeCited for the rule that the court cannot make material findings on matters not pleaded.

13. Applicable Rules

Rule Name
O18 r. 7 of the Rules of Court

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Rectification Works
  • Sub-contractors
  • Back Charges
  • Preliminaries
  • Set-off
  • Material Particulars
  • Pleadings

15.2 Keywords

  • construction
  • contract
  • dispute
  • rectification
  • pleadings

17. Areas of Law

Area NameRelevance Score
Contract Law70
Breach of Contract70
Back charges60
Construction Law60
Damages50
Set-off50
Rectification Works50
Sub-Contract40
Civil Procedure40
Litigation30

16. Subjects

  • Construction Dispute
  • Contract Law
  • Civil Procedure