Kimly Construction v Lee Tong Boon: Tower Crane Collapse & Breach of Contract
In 2011, the High Court of Singapore heard a case between Kimly Construction Pte Ltd (Plaintiff) and Lee Tong Boon (Defendant), trading as Rango Machinery Services, regarding a breach of contract claim. The claim arose from the collapse of a rented tower crane at a construction project, causing damages and fatalities. The court, presided over by Tay Yong Kwang J, found the Defendant liable for the Plaintiff's losses due to breaches of the rental contract. The Defendant's claim for indemnity against the third party, Tan Juay Pah, was successful, while the third party's claim against the fourth parties, Feng Tianming and FES Engineering Pte Ltd, was dismissed. The court awarded damages to the Plaintiff, including costs for overheads, prolongation, alternative equipment, expert reports, rectification works and recovery works.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Kimly Construction sued Lee Tong Boon for breach of contract after a tower crane collapse. The court found Lee liable and granted damages to Kimly.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Kimly Construction Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | Christopher Chuah, Joyce Ng |
| Lee Tong Boon (trading as Rango Machinery Services) | Defendant | Individual | Claim Dismissed | Lost | Roderick Edward Martin, Mohamed Baiross |
| Tan Juay Pah | Third Party | Individual | Claim Dismissed | Lost | Manjit Singh s/o Kirpal Singh, Sree Govind Menon |
| Feng Tianming | Fourth Party | Individual | Claim Dismissed | Won | Siaw Kheng Boon |
| FES Engineering Pte Ltd | Fourth Party | Corporation | Claim Dismissed | Won | Ramasamy s/o Karuppan Chettiar, Navin Kripalani |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Tay Yong Kwang | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Christopher Chuah | WongPartnership LLP |
| Joyce Ng | WongPartnership LLP |
| Roderick Edward Martin | Martin & Partners |
| Mohamed Baiross | Martin & Partners |
| Manjit Singh s/o Kirpal Singh | Manjit Govind & Partners |
| Sree Govind Menon | Manjit Govind & Partners |
| Siaw Kheng Boon | Siaw Kheng Boon & Co |
| Ramasamy s/o Karuppan Chettiar | ACIES Law Corporation |
| Navin Kripalani | ACIES Law Corporation |
4. Facts
- Plaintiff and Defendant entered into a sub-contract for the rental of a tower crane.
- The tower crane collapsed at the project site on 22 February 2008.
- Investigations revealed pre-existing cracks in the mast anchors of the tower crane.
- The third party was engaged to inspect and certify the tower crane's safety.
- The mast anchors were not adequately inspected or tested prior to the erection of the tower crane.
- The tower crane was operating without a load at the time of the collapse.
- Three people died as a result of the collapse.
5. Formal Citations
- Kimly Construction Pte Ltd v Lee Tong Boon (trading as Rango Machinery Services) (Tan Juay Pah, third party;; Feng Tianming and another, fourth parties), Suit No 807 of 2008, [2011] SGHC 26
- , Civil Appeal No 208 of 2010, [2012] SGCA 17
6. Timeline
| Date | Event |
|---|---|
| First inspection of the tower crane | |
| Third Party Inspection Report prepared and signed | |
| Plaintiff entered into a sub-contract with the defendant | |
| Design drawings and calculations submitted to MOM | |
| MOM approved the design | |
| Certificate of Supervision issued | |
| Tower crane erected onsite | |
| Post-installation check carried out on the tower crane | |
| Tower crane collapsed | |
| Plaintiff started action against defendant | |
| Defendant issued a Third Party Notice to Tan Juay Pah | |
| Third party issued Fourth Party Notices to Feng Tianming and FES Engineering Pte Ltd | |
| Plaintiff made an offer to settle to the defendant | |
| Trial began | |
| Judgment issued | |
| Appeal allowed by the Court of Appeal |
7. Legal Issues
- Breach of Contract
- Outcome: The court held that the defendant breached the express terms of the contract by supplying a defective tower crane.
- Category: Substantive
- Sub-Issues:
- Failure to supply a tower crane of good construction and free from defects
- Non-performance of contractual duties
- Negligence
- Outcome: The court found that the third party was negligent in his duty of inspection.
- Category: Substantive
- Sub-Issues:
- Failure to properly inspect and test the tower crane
- Failure to detect pre-existing defects
8. Remedies Sought
- Monetary Damages
- Indemnity
9. Cause of Actions
- Breach of Contract
- Negligence
10. Practice Areas
- Commercial Litigation
- Construction Disputes
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Stott v West Yorkshire Road Car Co Ltd | N/A | Yes | [1971] 2 QB 651 | N/A | Cited regarding third party proceedings having a life of their own independent from the main action. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap 322, R 5) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health (Construction) Regulations 2007 | Singapore |
| Workplace Safety and Health (General Provisions) Regulations | Singapore |
| Professional Engineers Act (Cap 253) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Tower crane
- Mast anchors
- Pre-existing defects
- Inspection
- Certification
- Sub-contract
- Indemnity
- Approved Person
- Authorised Examiner
- Lifting Equipment Certificate
15.2 Keywords
- Tower crane collapse
- Breach of contract
- Negligence
- Construction accident
- Workplace safety
- Singapore High Court
16. Subjects
- Construction Dispute
- Contract Law
- Workplace Safety
17. Areas of Law
- Contract Law
- Construction Law
- Civil Procedure
- Workplace Safety and Health Law