CS Bored Pile System v Evan Lim: Formation of Contract & Acceptance in Construction Subcontract

CS Bored Pile System Pte Ltd sued Evan Lim & Co Pte Ltd in the High Court of Singapore on January 20, 2006, for breach of contract related to bored piling works for Housing and Development Board projects C34 and C35. CS Bored Pile alleged that Evan Lim agreed to award them the piling subcontract if Evan Lim was awarded the main contract. The court found that a binding agreement existed based on the acceptance of the quotation dated 9 September 2004 and ruled in favor of CS Bored Pile, with damages to be assessed.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for the plaintiff with damages to be assessed.

1.3 Case Type

Civil

1.4 Judgment Type

Judgment reserved.

1.5 Jurisdiction

Singapore

1.6 Description

CS Bored Pile sued Evan Lim for breach of contract. The court found a binding agreement existed based on the acceptance of a quotation.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Evan Lim & Co Pte LtdDefendantCorporationJudgment against DefendantLost
CS Bored Pile System Pte LtdPlaintiffCorporationJudgment for PlaintiffWon

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJYes

4. Counsels

Counsel NameOrganization
Eugene TanDrew and Napier LLC
Tan Liam BengDrew and Napier LLC
Alvin YeoWong Partnership
Ian de VazWong Partnership
Elaine Tan Yi LingWong Partnership

4. Facts

  1. Evan Lim invited CS Bored Pile to submit quotations for piling work.
  2. CS Bored Pile submitted a quotation to Evan Lim on 8 September 2004 for the C35 project.
  3. CS Bored Pile submitted another quotation on 9 September 2004 to cover both the C34 and C35 projects.
  4. Ken Lim, Evan Lim's Executive Director, signed the second quotation on 10 September 2004.
  5. Ken Lim wrote 'Terms & Conditions to be discussed' above his signature.
  6. Evan Lim used figures from CS Bored Pile in its tender submission to the Employer.
  7. Evan Lim tried to get CS Bored Pile to sign a 'Sub-contractor Selection Interview' document on 10 November 2004.

5. Formal Citations

  1. CS Bored Pile System Pte Ltd v Evan Lim & Co Pte Ltd, Suit 253/2005, [2006] SGHC 11

6. Timeline

DateEvent
Evan Lim invited CS Bored Pile to submit quotations for piling work in the C34 and C35 projects.
CS Bored Pile gave a quotation on the C35 project to Evan Lim.
CS Bored Pile gave another copy of their quotation to cover both the C34 and C35 projects.
Ken Lim signed the second quotation.
Ken Lim informed CS Bored Pile that Millennium Master had offered lower rates.
CS Bored Pile reminded Evan Lim of its obligations under the conditions of the agreement.
Meeting between Evan Lim and CS Bored Pile where Evan Lim tried to get CS Bored Pile to sign a document titled “Sub-contractor Selection Interview”.
Judgment reserved.

7. Legal Issues

  1. Formation of Contract
    • Outcome: The court found that the defendant's signature on the plaintiff's quotation constituted written acceptance.
    • Category: Substantive
    • Sub-Issues:
      • Acceptance
      • Written Acceptance
  2. Breach of Contract
    • Outcome: The court ruled that the defendant breached the contract.
    • Category: Substantive

8. Remedies Sought

  1. Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Construction Contracts

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
No cited cases

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Bored piling works
  • Quotation
  • Acceptance
  • Written confirmation
  • Subcontract
  • Terms and conditions
  • Tender submission

15.2 Keywords

  • Contract
  • Construction
  • Bored piling
  • Quotation
  • Acceptance
  • Singapore
  • High Court

17. Areas of Law

Area NameRelevance Score
Contract Law80
Breach of Contract75
Formation of contract70
Acceptance70
Building and Construction Contracts65
Construction Law60
Building Industry50

16. Subjects

  • Contract Law
  • Construction Law
  • Formation of Contract