Li Hwee v Advanced Construction: Wrongful Repudiation of Sub-Contract Dispute

Li Hwee Building Construction Pte Ltd sued Advanced Construction & Engineering Pte Ltd in the High Court of Singapore, alleging wrongful repudiation of a sub-contract for building works at Woodlands. The court, presided over by Judicial Commissioner Belinda Ang Saw Ean, found that while a sub-contract existed, it was mutually terminated by the parties' conduct. Consequently, the court dismissed Li Hwee's claim for damages. Li Hwee also brought a claim against Chia Joo Juan, which was dismissed with costs.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Defendant

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Li Hwee sued Advanced Construction for wrongful repudiation of a sub-contract. The court found the sub-contract was mutually terminated, dismissing Li Hwee's claim.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Li Hwee Building Construction Pte LtdPlaintiffCorporationClaim DismissedLost
Advanced Construction & Engineering Pte LtdDefendantCorporationJudgment for DefendantWon
Chia Joo JuanDefendantIndividualClaim DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Belinda Ang Saw EanJudicial CommissionerYes

4. Counsels

Counsel NameOrganization
Scott ThillagaratnamRamdas & Wong
Joyce HeeRamdas & Wong
Edwin LeeCTLC Law Corporation
Koh Kok KwangCTLC Law Corporation
Eunice NgWong Tan & Molly Lim
Roland TongWong Tan & Molly Lim

4. Facts

  1. Li Hwee sought damages for wrongful repudiation of a sub-contract by Advanced Construction.
  2. The sub-contract was for building works at Woodlands, comprising Part A and Part B works.
  3. Li Hwee completed Part A works but a dispute arose regarding Part B works.
  4. Advanced Construction argued that the sub-contract was mutually terminated.
  5. Chia Joo Juan, Li Hwee's project manager, was also a key contact for Advanced Construction.
  6. Li Hwee faced working capital issues, leading to discussions about withdrawing from Part B works.
  7. Advanced Construction engaged Wee Ngiak to complete Part B works.

5. Formal Citations

  1. Li Hwee Building Construction Pte Ltd v Advanced Construction & Engineering Pte Ltd and Another, Suit 1500/2001/W, Suit 441/2002/J, [2002] SGHC 287

6. Timeline

DateEvent
Sub-contract made between Li Hwee and ACE
Li Hwee started Part A works
Li Hwee submitted progress payment claim no. 01 to ACE
Li Hwee submitted progress payment claim no. 02 to ACE
Li Hwee commenced Part B works
Li Hwee completed Part A works
Meeting where Liew allegedly tore up the contract document
Lin confirmed Plaintiffs would cease Part B works after completion of Part A works
Sub-contract between ACE and Wee Ngiak executed
ACE rejected Li Hwee's progress payment claims
ACE allegedly wrongly repudiated the sub-contract
Li Hwee accepted the repudiation
Li Hwee sued Chia
Decision Date

7. Legal Issues

  1. Wrongful Repudiation of Contract
    • Outcome: The court found that the sub-contract was mutually terminated, thus there was no wrongful repudiation.
    • Category: Substantive
  2. Mutual Termination of Contract
    • Outcome: The court held that the sub-contract was terminated by the common intention of the parties.
    • Category: Substantive

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
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Evidence Act (cap 97)Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Wrongful Repudiation
  • Sub-Contract
  • Mutual Termination
  • Woodlands Project
  • Part A Works
  • Part B Works
  • Progress Payment
  • Working Capital

15.2 Keywords

  • wrongful repudiation
  • sub-contract
  • construction
  • Singapore
  • mutual termination

17. Areas of Law

Area NameRelevance Score
Contract Law80
Breach of Contract75
Construction Law65
Formation of contract50
Interpretation of Contracts45
Construction of Contracts45
Construction of Contract45
Performance of Contract40
Offer and Acceptance35
Estoppel30
Variation25
Sham Contract20
Frustration of Contract20
Contracts (Rights of Third Parties) Act15
Best Efforts Clause10

16. Subjects

  • Contract Law
  • Construction Law
  • Civil Litigation