Bing Integrated Construction v Eco Special Waste Management: Construction Payment Dispute

Bing Integrated Construction Pte Ltd sued ECO Special Waste Management Pte Ltd and ECO Resource Recovery Centre Pte Ltd in the High Court of Singapore, seeking payment for work done, services rendered, and materials supplied for two construction projects. Chan Seng Onn J. found the defendants liable to pay the plaintiff an outstanding sum, determining that the Architect's Penultimate Certificates did not reflect the full value of the work completed. The court ordered an assessment by the Registrar to determine the exact amount owed, with costs reserved to the Registrar.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Bing Integrated Construction sues Eco Special Waste Management for payment for construction work. The court found Eco liable for outstanding sums.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
AnotherOtherOtherClaim DismissedWon
Bing Integrated Construction Pte LtdPlaintiffCorporationJudgment for PlaintiffWon
Eco Special Waste Management Pte LtdDefendantCorporationClaim DismissedLost
Eco Resource Recovery Centre Pte LtdDefendantCorporationClaim DismissedLost
Chua Tiong GuanOtherIndividualClaim DismissedWon

3. Judges

Judge NameTitleDelivered Judgment
Chan Seng OnnJudgeYes

4. Counsels

Counsel NameOrganization
Loo Khee ShengKS Loo & Co
Pavan Kumar RattyP K Ratty & Partners
Peter GabrielGabriel Law Corporation
Kelvin David Tan Sia KhoonGabriel Law Corporation
Shannon Ong Pan YewGabriel Law Corporation
Calista PeterGabriel Law Corporation
Tan Teng MuanMallal & Namazie
Bala Chandran s/o A. KandiahMallal & Namazie

4. Facts

  1. Bing Integrated Construction was engaged by ECO SWM and ECO RRC to carry out building construction work.
  2. The contracts were dated 3 November 1997 and 19 November 1997.
  3. The Architect issued Penultimate Certificates on 3 August 2006.
  4. The Architect did not issue Final Certificates for either project.
  5. The plaintiff claimed that the value of its work exceeded the amount stated in the Penultimate Certificates.
  6. The defendants withdrew their counterclaims against the plaintiff and their claims against the 2nd third party.
  7. The defendants appointed both the Architect and the Quantity Surveyor.

5. Formal Citations

  1. Bing Integrated Construction Pte Ltd v Eco Special Waste Management Pte Ltd, Suit No 605 of 2006X and Suit No 606 of 2006B, [2010] SGHC 183

6. Timeline

DateEvent
Written contract signed between Bing Integrated Construction and ECO SWM
Written contract signed between Bing Integrated Construction and ECO RRC
Architect's Penultimate Certificates issued
Suit No 605 of 2006X and Suit No 606 of 2006B consolidated
Suit No 605 of 2006 filed
Suit No 606 of 2006 filed
Consent order entered by the parties
Court held ECO SWM and ECO RRC liable to pay Bing Integrated Construction
Decision Date

7. Legal Issues

  1. Liability for Payment
    • Outcome: The court held that ECO SWM and ECO RRC were liable to pay Bing Integrated Construction for work done, services rendered, and materials supplied.
    • Category: Substantive
  2. Valuation of Work Done
    • Outcome: The court found that the Architect's Penultimate Certificates did not reflect the full value of the work done.
    • Category: Substantive
  3. Condition Precedent for Payment
    • Outcome: The court held that the defendants could not rely on the lack of a Final Certificate by the Architect to deny payment to the plaintiff.
    • Category: Substantive

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Quantum Meruit

10. Practice Areas

  • Construction Disputes
  • Commercial Litigation

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

  • Construction Work
  • Payment
  • Architect's Certificate
  • Quantity Surveyor
  • Penultimate Certificate
  • Final Certificate
  • Variation Works
  • Re-measurement
  • Contracts

15.2 Keywords

  • construction
  • payment
  • singapore
  • contract
  • dispute

17. Areas of Law

Area NameRelevance Score
Contract Law75
Breach of Contract75
Construction Law60
Building and Construction Contracts60
Quantum meruit40
Civil Procedure30
Civil Practice30

16. Subjects

  • Construction Dispute
  • Contract Law