Jaya Sarana Engineering v GIB Automation: Assessment of Damages for Breach of Sub-Contract
In Jaya Sarana Engineering Pte Ltd v GIB Automation Pte Ltd, the High Court of Singapore heard an appeal by Jaya Sarana Engineering (“JSE”) against the decision of the Assistant Registrar regarding the assessment of damages. The case arose from a sub-contract dispute between JSE and GIB Automation (“GIB”) concerning fire alarm system installation at the Singapore Management University. The court dismissed JSE's appeal, except for a minor adjustment to the damages awarded for abortive works, and ordered JSE to pay the costs of the appeal to GIB. The primary legal issue was the assessment of damages due to breach of contract and failure to provide necessary drawings.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Appeal dismissed except for a minor adjustment to the damages awarded for abortive works.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case regarding assessment of damages after breach of a sub-contract for fire alarm system installation. Appeal dismissed with minor adjustment to damages.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Jaya Sarana Engineering Pte Ltd | Plaintiff, Appellant | Corporation | Appeal dismissed in part | Partial | |
| GIB Automation Pte Ltd | Defendant, Respondent | Corporation | Successful in part | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Teng Muan | Mallal & Namazie |
| Wong Khai Leng | Mallal & Namazie |
| N Kanagavijayan | Kana & Co |
4. Facts
- GIB sub-contracted fire alarm system installation work to JSE.
- Disputes arose between JSE and GIB regarding payment and work completion.
- JSE claimed $186,000 due under the sub-contract.
- GIB counterclaimed and claimed a set-off for labor costs.
- The trial judge found GIB in breach for not providing necessary drawings.
- JSE was granted interlocutory judgment with damages to be assessed.
- GIB was awarded $173,530.75 for the cost of work done by Tay's workers.
5. Formal Citations
- Jaya Sarana Engineering Pte Ltd v GIB Automation Pte Ltd, Suit 1/2006, [2009] SGHC 122
6. Timeline
| Date | Event |
|---|---|
| GIB sub-contracts work at Bras Basah site to JSE. | |
| Tay Keong Huat's workers begin work. | |
| Tay Keong Huat's workers' work ends. | |
| Trial judge delivers judgment. | |
| Assessment hearing takes place. | |
| Assessment hearing takes place. | |
| Assistant Registrar renders decision. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that GIB was in breach of its obligations under the contract for failing to provide proper drawings to JSE.
- Category: Substantive
- Sub-Issues:
- Failure to provide approved shop drawings
- Incomplete work
- Related Cases:
- [2006] 3 SLR 769
- Assessment of Damages
- Outcome: The court assessed the damages sustained by JSE due to GIB's breach, focusing on the cost of abortive works and the cost of labor.
- Category: Procedural
8. Remedies Sought
- Monetary Damages
- Set-off
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
- Construction Law
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Jet Holding Ltd & ors V Cooper Cameron (Singapore) Pte Ltd & Another and other Appeals | Unknown | Yes | [2006] 3 SLR 769 | Singapore | Cited for the implied term in the contract that the defendant would do all things necessary and reasonable to enable the plaintiff and its workers to perform the contract. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Sub-contract
- Fire alarm system
- Abortive works
- Assessment of damages
- Additional Instructions
- Approved shop drawings
- Labour costs
- Set-off
15.2 Keywords
- contract
- construction
- damages
- appeal
- sub-contract
- fire alarm system
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Assessment of Damages | 80 |
| Breach of Contract | 75 |
| Damages | 70 |
| Contract Law | 65 |
| Construction Law | 60 |
| Sub-Contract | 60 |
| Building Industry | 55 |
| Civil Procedure | 50 |
16. Subjects
- Contract Dispute
- Construction Dispute
- Damages