Chen Qiangshi v Hong Fei CDY Construction: Negligence in Construction Site Accident
In Chen Qiangshi v Hong Fei CDY Construction Pte Ltd and another, the High Court of Singapore heard a negligence claim brought by Chen Qiangshi against Hong Fei CDY Construction Pte Ltd and Evan Lim & Co Pte Ltd following a construction site accident on 26 December 2012. Chen, an employee of Hong Fei CDY Construction, sustained severe injuries when a rebar cage collapsed on him. The court, presided over by George Wei JC, found both defendants negligent but reduced the recoverable damages by 50% due to Chen's contributory negligence. The court determined that the accident resulted from improper rigging of the rebar cage and inadequate supervision, but also found that Chen's actions contributed to the incident.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff; liability reduced by 50% due to contributory negligence.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Chen Qiangshi sued Hong Fei CDY Construction for negligence after a construction site accident. The court found both defendants liable but reduced damages by 50% due to contributory negligence.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chen Qiangshi | Plaintiff | Individual | Judgment for Plaintiff; liability reduced by 50% due to contributory negligence. | Partial | Namasivayam Srinivasan |
| Hong Fei CDY Construction Pte Ltd | Defendant | Corporation | Liability established; damages reduced by 50% due to Plaintiff's contributory negligence. | Partial | Appoo Ramesh, Rajashree Rajan |
| Evan Lim & Co Pte Ltd | Defendant | Corporation | Liability established; damages reduced by 50% due to Plaintiff's contributory negligence. | Partial | Appoo Ramesh, Rajashree Rajan |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| George Wei | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Namasivayam Srinivasan | Hoh Law Corporation |
| Appoo Ramesh | Just Law LLC |
| Rajashree Rajan | Just Law LLC |
4. Facts
- Plaintiff was injured when a rebar cage collapsed on him at a construction site.
- The accident occurred during the relocation of a rebar cage installed in the wrong position.
- The rebar cage was improperly rigged up by the plaintiff.
- The lifting supervisor was not present at the site during the relocation operation.
- The rigger/signalman instructed the tower crane operator to tauten the hoist chains.
- The plaintiff removed the remaining wire ties after the hoist chains were tautened.
- The plaintiff was an experienced rebar worker.
5. Formal Citations
- Chen Qiangshi v Hong Fei CDY Construction Pte Ltd and another, Suit No 540 of 2013, [2014] SGHC 177
6. Timeline
| Date | Event |
|---|---|
| Accident occurred at construction site | |
| Suit filed | |
| Judgment reserved |
7. Legal Issues
- Negligence
- Outcome: The court found both defendants negligent.
- Category: Substantive
- Sub-Issues:
- Breach of duty of care
- Causation
- Standard of care
- Contributory Negligence
- Outcome: The court found the plaintiff contributorily negligent and reduced the damages by 50%.
- Category: Substantive
- Vicarious Liability
- Outcome: The court found both defendants vicariously liable for the negligence of their employees.
- Category: Substantive
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Construction Accident Litigation
- Personal Injury
- Workplace Safety
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chandran a/l Subbiah v Dockers Marine Pte Ltd | High Court | Yes | [2010] 1 SLR 786 | Singapore | Cited regarding employer liability in two modes: primary or secondary. |
| Awang bin Dollah v Shun Shing Construction & Engineering Co Ltd and other appeals | Court of Appeal | Yes | [1997] 2 SLR(R) 746 | Singapore | Cited regarding the definition of 'employee' in the context of vicarious liability. |
| Toh Siew Kee v Ho Ah Lam Ferrocement (Pte) Ltd | Court of Appeal | Yes | [2013] 3 SLR 284 | Singapore | Cited for subsuming occupier’s liability under the general tort of negligence as expounded on by the Court of Appeal in Singapore in Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency [2007] 4 SLR(R) 100 |
| Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency | Court of Appeal | Yes | [2007] 4 SLR(R) 100 | Singapore | Cited for the general principles on when a duty of care arises under the tort of negligence. |
| Tan Juay Pah v Kimly Construction Pte Ltd and others | Court of Appeal | Yes | [2012] 2 SLR 549 | Singapore | Cited for principles on a statutory duty shaping the existence of a duty of care. |
| Jurong Primewide Pte Ltd v Moh Seng Cranes Pte Ltd and others | Court of Appeal | Yes | [2014] 2 SLR 360 | Singapore | Cited for the extent to which the WSH Framework affects the duty of care owed by the main contractor and a subcontractor to persons present on the construction site. |
| Tesa Tape Asia Pacific Pte Ltd v Wing Seng Logistics Pte Ltd | High Court | Yes | [2006] 3 SLR(R) 116 | Singapore | Cited for the standard of care expected of the defendant. |
| Mersey Docks and Harbour Board v Coggins & Griffiths (Liverpool) Limited | House of Lords | Yes | [1947] AC 1 | United Kingdom | Cited regarding the temporary transfer of services of an employee to another party. |
| Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others | English Court of Appeal | Yes | [2006] QB 510 | United Kingdom | Cited regarding dual vicarious liability. |
| Karuppan Bhoomides v Port of Singapore Authority | Privy Council | Yes | [1978] 1 WLR 189 | Singapore | Cited regarding dual vicarious liability. |
| Parno v SC Marine Pte Ltd | Court of Appeal | Yes | [1999] 3 SLR(R) 377 | Singapore | Cited regarding contributory negligence. |
| Froom v Butcher | Court of Appeal | Yes | [1976] QB 286 | United Kingdom | Cited regarding contributory negligence. |
| Cheong Ghim Fah v Murugian s/o Rangasamy | High Court | Yes | [2004] 1 SLR(R) 628 | Singapore | Cited regarding apportionment being an exercise in discretion. |
| Dennis Toole v Bolton Metropolitan Borough Council | English Court of Appeal | Yes | [2002] EWCA Civ 588 | United Kingdom | Cited regarding contributory negligence in breach of statutory duty cases. |
| Staveley Iron & Chemical Co Ltd v Jones | House of Lords | Yes | [1956] AC 627 | United Kingdom | Cited regarding contributory negligence in cases of breach of statutory duty. |
| Sherlock v Chester City Council | English Court of Appeal | Yes | [2004] EWCA Civ 201 | United Kingdom | Cited regarding conscious acceptance of risk by an employee. |
| Zheng Yu Shan v Lian Beng Construction (1988) Pte Ltd | High Court | Yes | [2009] 2 SLR(R) 587 | Singapore | Cited regarding an employer's duty to provide a safe system of work. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workplace Safety and Health Act (Cap 354A, 2009 Rev Ed) | Singapore |
| Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed) | Singapore |
| Workplace Safety and Health (Construction) Regulations 2007 (Cap 354A) | Singapore |
| Workplace Safety and Health (Operation of Cranes) Regulations 2011 (Cap 354A) | Singapore |
| Section 12(2) of the WSHA | Singapore |
| Section 3(1) of the Contributory Negligence Act | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Rebar cage
- Lifting operation
- Hoist chains
- Lifting supervisor
- Rigger
- Signalman
- Contributory negligence
- Workplace Safety and Health Act
- Lifting plan
- Wire ties
15.2 Keywords
- Construction accident
- Negligence
- Workplace safety
- Rebar cage
- Contributory negligence
- Singapore High Court
16. Subjects
- Construction Dispute
- Negligence
- Workplace Safety
17. Areas of Law
- Construction Law
- Negligence
- Workplace Safety and Health Law
- Tort Law