Major Insulation v Nichias: Assessment of Damages for Insulation Work Dispute

In a suit between Major Insulation & Links (MIL) Marketing Pte Ltd (Plaintiff) and Nichias Singapore Private Limited (Defendant), the High Court of Singapore, presided over by Lee Seiu Kin J, assessed damages related to a subcontract for insulation work at the ExxonMobil Singapore plant. The court determined the amount payable by the plaintiff to the defendant for failure to complete the contracted works, ultimately assessing the damages at $1,019,708.87.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Damages assessed in the counterclaim ought to be $1,019,708.87.

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Assessment of damages in a dispute between Major Insulation and Nichias over insulation work at the ExxonMobil plant. The court determined the final damages owed by Major Insulation.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Major Insulation & Links (MIL) Marketing Pte LtdPlaintiff, RespondentCorporationDamages assessed in the counterclaimLost
Nichias Singapore Private LimitedDefendant, AppellantCorporationCounterclaim AllowedWon

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Raymond WongWong Thomas & Leong
Tan Teng MuanMallal & Namazie
Javad NamazieMallal & Namazie

4. Facts

  1. Plaintiff was a specialist installer of insulation material.
  2. Defendant manufactured thermal insulation materials.
  3. Defendant subcontracted insulation work to the plaintiff for the ExxonMobil Singapore plant.
  4. A dispute arose over payments for the insulation work.
  5. The court previously found the plaintiff liable to the defendant for damages to be assessed.
  6. The main issue was the value of item B, the amount the defendant would have paid the plaintiff had the latter completed the works.
  7. The court determined the value of item B to be $1,109,887.99.

5. Formal Citations

  1. Major Insulation & Links (MIL) Marketing Pte Ltd v Nichias Singapore Pte Ltd, Suit No 904 of 2010(Assessment of Damages 38 of 2014), [2017] SGHC 23

6. Timeline

DateEvent
Plaintiff issued a statement of account listing 12 invoices.
Plaintiff’s claim for $560,118.68 was dismissed; judgment given for plaintiff for $64,500.03.
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Court determined the value of item B to be $1,106,000 and assessed the damages at $1,023,596.
Plaintiff filed a notice of appeal.
Defendant filed a notice of appeal.
Judgment date

7. Legal Issues

  1. Assessment of Damages
    • Outcome: The court determined the final damages owed by the plaintiff to the defendant, adjusting the initial assessment to account for previously omitted sums.
    • Category: Substantive

8. Remedies Sought

  1. Damages

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation
  • Construction Disputes

11. Industries

  • Oil and Gas
  • 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

  • Insulation
  • Subcontractor
  • Damages
  • Assessment
  • Work order
  • ExxonMobil
  • Pipes
  • Equipment
  • Flanges
  • Volume of insulation

15.2 Keywords

  • insulation
  • damages
  • construction
  • singapore
  • contract

17. Areas of Law

Area NameRelevance Score
Damages Assessment75
Breach of Contract60
Contract Law50
Commercial Litigation40
Construction Law30

16. Subjects

  • Construction Dispute
  • Contract Law
  • Assessment of Damages