Goh Eng Lee Andy v Yeo Jin Kow: Design and Build Contract Dispute
In Goh Eng Lee Andy v Yeo Jin Kow, the Singapore High Court addressed a dispute over a 'design and build' contract for the reconstruction of a property. The plaintiff, Goh Eng Lee Andy, sued the defendant, Yeo Jin Kow, for breach of contract, alleging failure to complete the works and overpayment. The defendant counterclaimed for variation works. The court found in favor of the plaintiff, holding that the contract was indeed a 'design and build' contract and that the defendant had breached it by abandoning the works. The court dismissed the bulk of the defendant's counterclaims and awarded damages to the plaintiff.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 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 a dispute over a 'design and build' contract for a house reconstruction, focusing on contract interpretation and breach.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Goh Eng Lee Andy | Plaintiff | Individual | Judgment for Plaintiff | Won | Michael Por, Li Jiaxin |
| Yeo Jin Kow | Defendant | Individual | Counterclaim Dismissed | Lost | Ho Chye Hoon, Ryan Tan Yang |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Kannan Ramesh | Judicial Commissioner | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Michael Por | Michael Por Law Corporation |
| Li Jiaxin | Michael Por Law Corporation |
| Ho Chye Hoon | Kel LLC |
| Ryan Tan Yang | Kel LLC |
4. Facts
- The plaintiff contracted with the defendant for the reconstruction of a property.
- The final quotation included the term 'design and build'.
- The plaintiff accepted the final quotation after the construction drawings were finalized.
- The defendant failed to complete the construction work by the estimated completion date.
- The plaintiff terminated the defendant's services due to abandonment of work.
- Replacement contractors were appointed to complete the remaining works.
- The defendant counterclaimed for the cost of variation works.
5. Formal Citations
- Goh Eng Lee Andy v Yeo Jin Kow, Suit No 120 of 2014, [2016] SGHC 110
6. Timeline
| Date | Event |
|---|---|
| First quotation provided by the defendant | |
| Schematic design sent to TAS Design Studio | |
| Defendant formally engaged TAS Design Studio | |
| 3-dimensional drawings of the proposed layout sent to the plaintiff | |
| Second quotation provided by the defendant | |
| GeoSpecs Pte Ltd quotation accepted | |
| Payment of professional survey fees made to T H Lim Registered Surveyor | |
| Final quotation provided by the defendant | |
| UOB agreed to furnish a loan | |
| TK Lee Consulting Engineers quotation accepted | |
| A&O Consultants quotation accepted | |
| Plaintiff paid the defendant $60,000 | |
| Plaintiff formally accepted the final quotation | |
| Work commenced on the Property | |
| Estimated completion date under the final quotation | |
| Plaintiff took the view that the defendant had abandoned construction | |
| Plaintiff terminated the defendant’s services | |
| Plaintiff commenced proceedings | |
| Temporary Occupation Permit obtained | |
| Offer to settle issued | |
| Judgment given | |
| Grounds of decision issued |
7. Legal Issues
- Breach of Contract
- Outcome: The court held that the defendant breached the contract by failing to complete the works and abandoning them.
- Category: Substantive
- Sub-Issues:
- Abandonment of works
- Delay in completion of works
- Failure to carry out works in accordance with the contract
- Related Cases:
- [2007] 4 SLR(R) 413
- Interpretation of Contract
- Outcome: The court held that the contract was a 'design and build' contract and a lump sum contract.
- Category: Substantive
- Sub-Issues:
- Scope of works
- Design and build contract
- Lump sum contract
- Related Cases:
- [2008] 3 SLR(R) 1029
- [2013] 4 SLR 193
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Construction Contracts
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd | Court of Appeal | Yes | [2008] 3 SLR(R) 1029 | Singapore | Cited for the contextual approach to contractual interpretation. |
| Sembcorp Marine Ltd v PPL Holdings Pte Ltd and another and another appeal | Court of Appeal | Yes | [2013] 4 SLR 193 | Singapore | Cited for the contextual approach to contractual interpretation. |
| Greaves & Co (Contractors) Ltd v Baynham Meikle & Partners | N/A | Yes | [1975] 1 WLR 1095 | N/A | Cited to define a 'package deal' contract. |
| RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd and another appeal | Court of Appeal | Yes | [2007] 4 SLR(R) 413 | Singapore | Cited for the applicable rules for when a construction contract may be terminated. |
| The “Asia Star” | Court of Appeal | Yes | [2010] 2 SLR 1154 | Singapore | Cited for the general principles relating to the innocent party’s requirement to mitigate losses. |
| Yip Holdings Pte Ltd v Asia Link Marine Industries Pte Ltd | Court of Appeal | Yes | [2012] 1 SLR 131 | Singapore | Cited for the requirement to plead failure to mitigate losses. |
| Jia Min Building Construction Pte Ltd v Ann Lee Pte Ltd | Court of Appeal | Yes | [2004] 3 SLR(R) 288 | Singapore | Cited for the principle that a contractor has no general right in law to suspend work even if payment was wrongfully withheld. |
| Robinson v Harman | N/A | Yes | (1848) 1 Ex Rep 850 | N/A | Cited for the principle that contractual damages are generally intended to place the party who sustained the loss in the same situation as if the contract had been performed. |
13. Applicable Rules
| Rule Name |
|---|
| Order 22A of the Rules of Court |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Design and build contract
- Lump sum contract
- Construction Drawings
- Final quotation
- Variation works
- Abandonment
- Estimated completion date
15.2 Keywords
- construction contract
- design and build
- breach of contract
- lump sum
- singapore
- high court
16. Subjects
- Construction Dispute
- Contract Law
- Building and Construction Law
17. Areas of Law
- Building and Construction Law
- Contract Law