Qwik Built-Tech v Acmes-Kings: Contract Dispute over Steel Framing System for Maldives Project
In Qwik Built-Tech International Pte Ltd v Acmes-Kings Corp Pte Ltd, the Singapore High Court addressed a dispute over monies owed for a building construction project in the Maldives. Qwik Built-Tech, the Plaintiff, sued Acmes-Kings Corp, the Defendant, for breach of contract and other agreements related to the supply of a steel framing system, tools, materials, and technical support. The court, presided over by Lionel Yee JC, found that Acmes-Kings Corp was a proper party to the suit and was bound by the terms of the Main Contract. The court rejected the Defendant's partnership argument and ruled in favor of the Plaintiff, awarding a balance of S$437,256.51 after accounting for previous payments.
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
Singapore High Court case involving Qwik Built-Tech and Acmes-Kings Corp over payment disputes for a building construction project in the Maldives. The court ruled in favor of Qwik Built-Tech, awarding a balance of S$437,256.51.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Qwik Built-Tech International Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | |
| Acmes-Kings Corp Pte Ltd | Defendant | Corporation | Judgment Against Defendant | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lionel Yee | Judicial Commissioner | Yes |
4. Counsels
4. Facts
- Plaintiff designs and fabricates lightweight steel framing systems.
- Defendant provides plumbing, heating, and related services.
- APBS, a subsidiary of the Defendant, was awarded a building works project in the Maldives.
- Plaintiff provided a quotation for fabrication of steel framing systems.
- Defendant instructed Plaintiff to reissue invoices under Defendant's name.
- A Main Contract was signed between Plaintiff and Defendant.
- Plaintiff completed fabrication of the steel framing system.
- Dispute arose over the amounts due under the Main Contract and further agreements.
5. Formal Citations
- Qwik Built-Tech International Pte Ltd v Acmes-Kings Corp Pte Ltd, Suit No 225 of 2012, [2013] SGHC 278
6. Timeline
| Date | Event |
|---|---|
| Joe Wong and Ero Chua were introduced. | |
| Plaintiff, HPL, and KPK discussed using Plaintiff’s steel framing system. | |
| HPL awarded the Project to APBS. | |
| Plaintiff forwarded the First Quotation to Joe Wong and APBS. | |
| Meeting held to discuss the First Quotation and the Project. | |
| Amanda Khoo sent an email regarding the minutes of the 28 February 2011 meeting. | |
| Plaintiff received instructions to reissue invoices under the Defendant's name. | |
| Joe Wong signed the Main Contract on behalf of the Defendant. | |
| Suit filed. | |
| Judgment reserved. |
7. Legal Issues
- Breach of Contract
- Outcome: The court found the Defendant liable for breach of contract and ordered payment of the outstanding balance.
- Category: Substantive
- Sub-Issues:
- Failure to pay for goods and services rendered
- Incorrect calculation of amounts due
- Proper Party to the Suit
- Outcome: The court determined that the Defendant, Acmes-Kings Corp Pte Ltd, was the proper party to the suit, despite arguments that APBS should be the defendant.
- Category: Procedural
- Partnership Agreement
- Outcome: The court found insufficient evidence to support the existence of a partnership agreement between the parties.
- Category: Substantive
- Quantum Meruit
- Outcome: The court applied the principle of quantum meruit to determine a reasonable rate of remuneration for the Plaintiff's services where no specific price had been agreed upon.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
- Quantum Meruit
10. Practice Areas
- Commercial Litigation
- Construction Disputes
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| L’Estrange v F Graucob Ltd | King's Bench | Yes | [1934] 2 KB 394 | England and Wales | Cited for the principle that a party is bound by the terms of a signed contract. |
| Excel Golf Pte Ltd v Allied Domecq Spirits and Wine (Singapore) Ltd (No 2) | High Court | No | [2004] SGHC 162 | Singapore | Cited to support the principle that the division of profits is merely a common incident of a partnership relationship. |
| Edwards v Skyways Ltd | Not Available | Yes | [1964] 1 WLR 349 | England and Wales | Cited for the principle that the burden of proving there is no intention to create legal relations is on the party who asserts it, and this burden is a heavy one. |
| Hoenig v Isaacs | Court of Appeal | Yes | [1952] 2 All ER 176 | England and Wales | Cited for the principle that the Defendant is entitled to a diminution of the price in the Main Contract by the amount required to make good this particular omission. |
| Rabiah Bee bte Mohamed Ibrahim v Salem Ibrahim | Not Available | No | [2007] 2 SLR(R) 655 | Singapore | Cited to distinguish the case where the rate of remuneration was covered by an express contract or agreement between the parties. |
| MGA International Pte Ltd v Wajilam Exports (Singapore) Pte Ltd | High Court | Yes | [2010] SGHC 319 | Singapore | Cited for the principle that the Plaintiff has the burden of adducing evidence to show what that reasonable rate is. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Partnership Act (Cap 391, 1994 Rev Ed) | Singapore |
| Employment Act (Cap 91, 2009 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Steel framing system
- Main Contract
- Further Contracts
- Profit-sharing
- Cost price
- Letter of credit
- Goods declaration form
- Technical support staff
- Ex-factory
- Kuda Huraa Island
15.2 Keywords
- Construction
- Contract
- Singapore
- Maldives
- Steel
- Framing
- Payment
- Dispute
17. Areas of Law
16. Subjects
- Construction Dispute
- Contract Law
- Commercial Litigation