BDC v BDD: Breach of Contract and Negligence in Measurement Survey for Shophouse Renovation

BDC, the plaintiff, sued BDD, the first defendant, in the High Court of Singapore for breach of contract and negligence in preparing an inaccurate measurement survey of a shophouse. BDC claimed the survey was intended for broader renovation works, including a six-story extension, while BDD argued it was only for internal renovations. Justice Lee Seiu Kin dismissed the suit, finding the contract was limited to internal renovations and BDD was not in breach. The plaintiff was ordered to pay costs to the first defendant.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Plaintiff's suit dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

The Plaintiff sued for breach of contract and negligence due to an inaccurate measurement survey. The court dismissed the suit, finding no breach or negligence.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
BDCPlaintiffCorporationClaim DismissedLost
BDDDefendantCorporationJudgment for DefendantWon
BDEDefendantCorporationProceedings StayedStayed

3. Judges

Judge NameTitleDelivered Judgment
Lee Seiu KinJudgeYes

4. Counsels

Counsel NameOrganization
Lim Yee MingKelvin Chia Partnership
Lim Yu JiaKelvin Chia Partnership
Lim Lian KeeChong Chia & Lim LLC
Tai Chean MingChong Chia & Lim LLC

4. Facts

  1. The plaintiff engaged the first defendant to conduct a measurement survey of a shophouse.
  2. The plaintiff intended to carry out addition and alteration works on the shophouse.
  3. The first defendant prepared drawings of the existing shophouse.
  4. The second defendant used these drawings to design a six-storey extension block.
  5. The dimensions of the shophouse were inaccurately depicted in the drawings.
  6. The second defendant had relied on the inaccurate measurement of 5972mm instead of the actual 6688mm.
  7. The first defendant redid the measurement surveys after being notified of the error.

5. Formal Citations

  1. BDC v BDD and another, Suit No 218 of 2015, [2018] SGHC 32

6. Timeline

DateEvent
Suit filed
Proceedings stayed in favour of arbitration on the issue of liability of the second defendant
Offer to settle served by the first defendant
Hearing
Hearing
Judgment issued

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court held that there was no breach of contract as the contract was for internal renovation only.
    • Category: Substantive
    • Sub-Issues:
      • Scope of contract
      • Accuracy of measurement survey
  2. Negligence
    • Outcome: The court held that there was no negligence as there was no duty of care to provide what was not contractually obliged.
    • Category: Substantive
    • Sub-Issues:
      • Duty of care
      • Standard of care

8. Remedies Sought

  1. Monetary Damages

9. Cause of Actions

  • Breach of Contract
  • Negligence

10. Practice Areas

  • Construction Law
  • Commercial Litigation

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
BDC v BDD and anotherHigh CourtYes[2016] SGHC 202SingaporeCited for the decision to stay proceedings against the second defendant in favour of arbitration.

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

  • Measurement survey
  • Shophouse
  • Internal renovation
  • External works
  • Roof ridge
  • Breach of contract
  • Negligence

15.2 Keywords

  • Building
  • Construction
  • Survey
  • Renovation
  • Contract
  • Negligence

17. Areas of Law

Area NameRelevance Score
Construction Law75
Architects and Engineers Liability65
Measurement contracts55
Breach of Contract50
Negligence40
Contract Law30

16. Subjects

  • Building and Construction Law
  • Contract Law
  • Surveying