Chye Heng Huat Engineering v Concept Builders: Construction Dispute over Defective Steel Fittings

Chye Heng Huat Engineering Pte Ltd (“CHHE”) sued Concept Builders Pte Ltd (“Concept Builders”) in the High Court of Singapore for $390,257.93, representing outstanding payment for steel fittings and general construction work. Concept Builders defended on the grounds that the U-channels supplied by CHHE were of poor quality and rusting. The High Court, Woo Bih Li J, allowed CHHE's appeal for summary judgment in part, granting judgment for $304,458.06 and granting Concept Builders leave to defend the remaining $85,799.87 on the condition that it pay the sum into court or provide a bank guarantee.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal allowed in part; judgment granted to the plaintiff for $304,458.06 with leave to defend for the remaining $85,799.87 on condition that the defendant pay the sum into court or provide a bank guarantee.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Chye Heng Huat Engineering sued Concept Builders for outstanding payment. The court granted summary judgment to Chye Heng Huat, finding Concept Builders' defense of defective materials suspect.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Chye Heng Huat Engineering Pte LtdPlaintiff, AppellantCorporationAppeal allowed in partPartialRoy Yeo Kan Kiang
Concept Builders Pte LtdDefendant, RespondentCorporationLeave to defend granted on conditionPartialWijaya Ravana Sivanathan

3. Judges

Judge NameTitleDelivered Judgment
Woo Bih LiJudgeYes

4. Counsels

Counsel NameOrganization
Roy Yeo Kan KiangSterling Law Corporation
Wijaya Ravana SivanathanR S Wijaya & Co

4. Facts

  1. Chye Heng Huat Engineering was the sub-contractor for Concept Builders.
  2. Concept Builders was the main contractor for the development of 18 double-storey strata bungalows.
  3. CHHE claimed $390,257.93 for outstanding payment for materials supplied and installed.
  4. Concept Builders alleged that U-channels supplied by CHHE were of poor quality and rusting.
  5. Concept Builders withheld payment to cover the cost of replacing the rusted U-channels.
  6. The temporary occupation permit for the 18 units was issued on 2009-07-21.
  7. There were alleged complaints of rusting U-channels for five units only.

5. Formal Citations

  1. Chye Heng Huat Engineering Pte Ltd v Concept Builders Pte Ltd, Suit No 1089 of 2009 (Registrar's Appeal No 171 of 2010), [2010] SGHC 165

6. Timeline

DateEvent
Temporary occupation permit issued for the 18 units
Writ of Summons filed
Email from owner at unit 45G about a rusting U-channel
Defence filed
Concept Builders wrote to its solicitors
First affidavit for Concept Builders filed
Building surveyor's assessment of rectification works of rusty U-channel (alleged)
Inspection done by Colsult Consultants
Report from Colsult Consultants dated
Hearing of the appeal
Decision Date

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found the defendant's defense suspect and granted summary judgment in part to the plaintiff.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Construction Law

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

  • U-channels
  • Rusting
  • Rectification
  • Summary judgment
  • Steel fittings
  • Sub-contractor
  • Main contractor

15.2 Keywords

  • construction
  • contract
  • payment
  • steel
  • rusting
  • singapore

16. Subjects

  • Construction Dispute
  • Contract Law

17. Areas of Law

  • Construction Law
  • Civil Procedure