King Lung Trading v Tiong Seng Contractors: Tile Defect Dispute in Construction Project

King Lung Trading Pte Ltd sued Tiong Seng Contractors (Pte) Ltd in the High Court of Singapore on 24 November 2008, for $283,832.32, the unpaid balance for tiles supplied for the Park Green executive condominium project. Tiong Seng counterclaimed for $822,518.95, alleging the tiles were defective and caused damages. The court, presided over by Justice Tan Lee Meng, found in favor of King Lung, ordering Tiong Seng to pay $43,000 and dismissing Tiong Seng's counterclaim.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff; Defendant's Counterclaim Dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment reserved

1.5 Jurisdiction

Singapore

1.6 Description

King Lung Trading sued Tiong Seng Contractors for unpaid tiles. Tiong Seng counterclaimed for damages due to defective tiles. The court ruled in favor of King Lung.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
King Lung Trading Pte LtdPlaintiffCorporationJudgment for PlaintiffWonJoseph Liow Wang Wu, Ramesh Bharani
Tiong Seng Contractors (Pte) LtdDefendantCorporationCounterclaim DismissedLostAndrew Ang Chee Kwang, Basil Ong

3. Judges

Judge NameTitleDelivered Judgment
Tan Lee MengJudgeYes

4. Counsels

Counsel NameOrganization
Joseph Liow Wang WuStraits Law Practice LLC
Ramesh BharaniStraits Law Practice LLC
Andrew Ang Chee KwangP K Wong & Associates LLC
Basil OngP K Wong & Associates LLC

4. Facts

  1. King Lung supplied tiles to Tiong Seng for the Park Green executive condominium project.
  2. Tiong Seng claimed the Pure White Tiles were defective due to discoloration and/or tonality problems.
  3. King Lung agreed to replace the Pure White Tiles with Super White Tiles.
  4. Tiong Seng claimed the Super White Tiles were defective due to crazing.
  5. Setsco's report indicated the Super White Tiles passed the crazing resistance test but failed the reverse staining test.
  6. An expert, Mr. Wong, concluded the crazing was likely due to the bedding adhesive applied by Tiong Seng's sub-contractors.

5. Formal Citations

  1. King Lung Trading Pte Ltd v Tiong Seng Contractors (Pte) Ltd, Suit 619/2007, [2008] SGHC 217

6. Timeline

DateEvent
Letter of award issued to King Lung to supply tiles.
King Lung supplied tiles to Tiong Seng from January 2003 to April 2004.
Tiong Seng notified King Lung of discoloration and/or tonality problems with the Pure White Tiles.
Tiong Seng engaged Setsco Services Pte Ltd to evaluate the quality of the tiles.
Setsco issued a report on the quality of the tiles.
King Lung instituted proceedings against Tiong Seng.
Court ordered the appointment of Mr. Wong Chung Wan as an expert.
Judgment reserved.

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that Tiong Seng had no valid defense to King Lung's claim for the price of the tiles.
    • Category: Substantive
  2. Defective Goods
    • Outcome: The court found that Tiong Seng did not substantiate its claim that the problems with the Super White Tiles were King Lung's fault.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Construction Disputes

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

  • Tiles
  • Defective Tiles
  • Crazing
  • Discoloration
  • Tonality
  • Rectification Work
  • Bedding Adhesive
  • Super White Tiles
  • Pure White Tiles

15.2 Keywords

  • tiles
  • defective
  • construction
  • contract
  • Singapore

16. Subjects

  • Construction Dispute
  • Contract Law
  • Sale of Goods

17. Areas of Law

  • Contract Law
  • Construction Law