Ho Pak Kim Realty v Revitech: Construction Dispute over Kovan Road Flats
In a dispute before the High Court of Singapore, Ho Pak Kim Realty Co Pte Ltd sued Revitech Pte Ltd for outstanding payments, undervalued works, and wrongful termination related to a construction project at Kovan Road. Revitech counterclaimed for liquidated damages due to delays and rectification costs for defective works. The court, presided over by Lai Siu Chiu J, found in favor of Ho Pak Kim Realty for some claims and in favor of Revitech for liquidated damages and defective works, with damages to be assessed.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff in part; Judgment for Defendant in part; Damages to be assessed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Construction dispute between Ho Pak Kim Realty and Revitech over flats at Kovan Road. The court addressed claims for payment, defects, and termination.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ho Pak Kim Realty Co Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff in part | Partial | Thrumurgan s/o Ramapiram |
| Revitech Pte Ltd | Defendant | Corporation | Judgment for Defendant in part | Partial | Tito Shane Isaac, Justin Chan Yew Loong, Wayne Ong Zhenhui |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Thrumurgan s/o Ramapiram | Thiru & Co |
| Tito Shane Isaac | Tito Isaac & Co LLP |
| Justin Chan Yew Loong | Tito Isaac & Co LLP |
| Wayne Ong Zhenhui | Tito Isaac & Co LLP |
4. Facts
- Ho Pak Kim Realty contracted to construct 22 flats for Revitech at Kovan Road.
- Disputes arose over payments, delays, and alleged defects in the construction.
- The architect issued a Delay Certificate and later a Termination Certificate.
- Revitech claimed liquidated damages for delays and costs for rectifying defects.
- Ho Pak Kim Realty claimed for outstanding payments and wrongful termination.
- The plaintiff failed to provide warranties for the project.
5. Formal Citations
- Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd, Suit No 36 of 2006, [2010] SGHC 106
- Ho Pak Kim Realty Co Pte Ltd v Revitech Pte Ltd, , [2007] SGHC194
6. Timeline
| Date | Event |
|---|---|
| Letter of Award issued to Ho Pak Kim Realty Co Pte Ltd. | |
| Architect issued Warning Letter to Ho Pak Kim Realty Co Pte Ltd. | |
| Architect issued First Termination Certificate. | |
| Supplemental Agreement signed. | |
| Architect issued Delay Certificate. | |
| Temporary Occupation Permit obtained. | |
| Ho Pak Kim Realty Co Pte Ltd commenced suit. | |
| Architect issued Termination Certificate. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found that the plaintiff was entitled to some payments but also liable for defective works, with damages to be assessed.
- Category: Substantive
- Sub-Issues:
- Failure to make progress payments
- Wrongful termination
- Defective works
- Extension of Time
- Outcome: The court rejected the plaintiff's claim for extension of time, finding that the plaintiff did not comply with the contractual conditions precedent.
- Category: Substantive
- Sub-Issues:
- Compliance with contractual conditions precedent
- Impact of delays on critical path
- Liquidated Damages
- Outcome: The court found the plaintiff liable for liquidated damages due to delays in completing the project.
- Category: Substantive
- Defective Works
- Outcome: The court found the plaintiff liable for defective works, with damages to be assessed.
- Category: Substantive
- Sub-Issues:
- Substandard materials
- Poor workmanship
- Omissions of work
8. Remedies Sought
- Monetary Damages
- Rectification of Defects
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Construction Disputes
- Commercial Litigation
11. Industries
- Construction
- Real Estate
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| judgment at [2007] SGHC194 | High Court | Yes | [2007] SGHC194 | Singapore | Cited as the judgment for the second tranche of the trial, which determined the scope of works and contractual documentation. |
| Lian Soon Construction Pte Ltd v Guan Qian Realty Pte Ltd | High Court | Yes | [2000] 1 SLR(R) 495 | Singapore | Cited by the plaintiff to argue that the Delay Certificate was invalid and therefore no liquidated damages could be payable. The court distinguished this case. |
| Lojan Properties Pte Ltd v Tropicon Contractors Pte Ltd | Court of Appeal | Yes | [1991] SLR(R) 80 | Singapore | Cited as authority for the proposition that the defence of setoff or counterclaim is not available to an employer for payment of interim certificates of payment under cl 31(11) of the contract. The court found that this submission was incorrect. |
| Robertson Quay Investment Pte Ltd v Steen Consultants Ltd | High Court | Yes | [2008] 2 SLR(R) 623 | Singapore | Cited by the plaintiff to argue that the defendant had not proven its loss of $2,340,482. The court found that Counsel's reliance on this case was a misreading of the case. |
| Prosperland Pte Ltd v Civic Construction Pte Ltd | High Court | Yes | [2004] 4 SLR(R) 129 | Singapore | Cited as authority that the defendant retains an interest as it remains liable to the management corporation and in turn to the subsidiary proprietors for the plaintiff’s defective works. |
| Chia Kok Leong & Anor v Prosperland Pte Ltd | Court of Appeal | Yes | [2005] 2 SLR(R) 484 | Singapore | Cited as authority that the defendant retains an interest as it remains liable to the management corporation and in turn to the subsidiary proprietors for the plaintiff’s defective works. |
13. Applicable Rules
| Rule Name |
|---|
| Order 18 rule 7(4) of the Rules of Court (Cap 322, R 5 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Construction Contract
- Defect Rectification
- Extension of Time
- Liquidated Damages
- Progress Payments
- Termination Certificate
- Temporary Occupation Permit
- Architect's Instructions
15.2 Keywords
- construction
- contract
- defects
- payment
- termination
- delay
- Kovan Road
- flats
16. Subjects
- Construction Dispute
- Contract Law
- Building and Construction Law
17. Areas of Law
- Construction Law
- Contract Law
- Civil Procedure