Calpeda Asia Pacific v Chew Construction: Subcontract Claims, Defect Damages, Delay, and Contractor Duties

In Suit 913 of 2021, Calpeda Asia Pacific Pte Ltd sued Chew Construction & Plumbing Pte Ltd in the General Division of the High Court of Singapore, seeking $683,147.92 for pump supply and installation across five construction projects. Chew Construction counterclaimed for $683,664.73, citing breaches and defects. Justice Kwek Mean Luck ruled in favor of Calpeda, allowing their claim and dismissing Chew Construction's counterclaim.

1. Case Overview

1.1 Court

General Division of the High Court

1.2 Outcome

Judgment for Plaintiff

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Calpeda sued Chew Construction for $683,147.92 for pump work in five projects. Chew Construction counterclaimed for $683,664.73, alleging breaches and defects. The court ruled in favor of Calpeda.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Calpeda Asia Pacific Pte LtdPlaintiff, Defendant in CounterclaimCorporationJudgment for PlaintiffWon
Chew Construction & Plumbing Pte LtdDefendant, Plaintiff in CounterclaimCorporationCounterclaim DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Kwek Mean LuckJudgeYes

4. Counsels

Counsel NameOrganization
Oh Kim Heoh MimiEthos Law Corporation
Debbie LeeEthos Law Corporation
Rajwin Singh SandhuRajwin & Yong LLP

4. Facts

  1. Calpeda claimed $683,147.92 for supplying and installing pumps in five building construction projects.
  2. Chew Construction counterclaimed for $683,664.73, alleging breaches and defects in Calpeda's work.
  3. Chew Construction withheld payment, claiming Calpeda failed to rectify defects and complete works.
  4. Calpeda argued Chew Construction prevented them from performing maintenance.
  5. Chew Construction claimed Calpeda's work caused water leakages and damage.
  6. Chew Construction alleged Calpeda committed fraud against HDB inspectors.

5. Formal Citations

  1. Calpeda Asia Pacific Pte Ltd v Chew Construction & Plumbing Pte Ltd, Suit No 913 of 2021, [2023] SGHC 102

6. Timeline

DateEvent
Quotation dated for C1&C2 project
Calpeda sent first invoice for C1&C2 project
Chew Construction made full payment on the first 17 invoices for C1&C2 project
HDB blocks for C1&C2 project completed
Calpeda sent invoice for C1&C2 project with partial payment
Residents moved into HDB blocks for C1&C2 project
Calpeda wrote to Chew Construction regarding maintenance for C1&C2 project
Calpeda sent last invoice for C1&C2 project
Chew Construction engaged Wilo for How Sun project
WA messages exchanged between Ken and Chew regarding How Sun project
Calpeda commenced Suit 913
Calpeda wrote to Chew Construction regarding maintenance for C1&C2 project
Calpeda wrote to Chew Construction regarding maintenance for C1&C2 project
Hearing date
Hearing date
Hearing date
Hearing date
Hearing date
Plaintiff’s Closing Submissions
Hearing date
Judgment reserved

7. Legal Issues

  1. Breach of Contract
    • Outcome: The court found that Chew Construction breached the contract by failing to pay Calpeda for work completed.
    • Category: Substantive
  2. Defective Workmanship
    • Outcome: The court found that Chew Construction failed to prove that Calpeda's workmanship was defective.
    • Category: Substantive
  3. Delay in Completion
    • Outcome: The court found that Chew Construction failed to prove that Calpeda was responsible for delays.
    • Category: Substantive
  4. Fraud
    • Outcome: The court dismissed Chew Construction's claim of fraud against HDB inspectors due to lack of legal and evidential basis.
    • Category: Substantive

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
Saga Foodstuffs Manufacturing (Pte) Ltd v Best Food Pte LtdN/AYes[1994] 1 SLR(R) 505SingaporeCited regarding the principle that a cause of action cannot include a claim that does not exist when the originating process is filed.
Kuddud v Chief Constable of LeicestershireHouse of LordsYes[2002] 1 AC 122England and WalesCited by Chew Construction as authority that fraud attracts exemplary damages, but the court notes that the House of Lords was not in agreement on this point.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Civil Law Act 1909Singapore

15. Key Terms and Keywords

15.1 Key Terms

  • Pumps
  • Subcontract
  • Defect Liability Period
  • Retention Sum
  • Water Leakage
  • Hacking
  • Riser Floors
  • Pipe Sleeves
  • Maintenance
  • Variations

15.2 Keywords

  • Construction
  • Subcontract
  • Pumps
  • Singapore
  • Litigation

17. Areas of Law

Area NameRelevance Score
Construction Law95
Subcontracts80
Damages70
Contractors’ duties70
Breach of Contract60
Maintenance60
Contract Law60
Defects60
Defect liability provisions60
Claims50
Evidence40
Negligence30
Civil Procedure30
Interest10
Summary Judgement10
Estoppel10
Personal Injury10
Cerebral Palsy5
Appeal5

16. Subjects

  • Construction Dispute
  • Contract Law
  • Subcontracts