Does a liquidated damages clause which has been found to be void and / or unenforceable nevertheless operate to limit a contractor's liability for general damages for delay? This issue was decided in two recent cases – one...more
In a recent case the Singapore Court of Appeal upheld a decision that an employer may recover damages for rectifying defects even when it has not given the contractor the opportunity of doing so during the defects...more
Can a breach of one contract give rise to liability for lost profit on a related contract? Or is the loss too "remote"? A Privy Council decision from Monday of this week addressed this issue in the context of a design, build,...more
7/17/2020
/ Appeals ,
Arbitration Awards ,
Breach of Contract ,
British Virgin Islands ,
Construction Project ,
Damages ,
Design-Build-Operate (DBO) ,
Lost Profits ,
Procurement Guidelines ,
Reversal ,
UK ,
UK Privy Council
A main contractor is often in a difficult position during project disputes, caught in the middle between its liabilities to the employer and its ability to recover those losses from its subcontractors. But, what happens when...more
In Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 the High Court of Singapore confirmed that an employer may recover damages for rectifying defects even when it has done so in breach of a contractual defects...more
A "global" or "total cost" claim is one in which the damages calculation is derived from the total cost of the work incurred by a contractor, minus the bid amount. Such claims are increasingly used by contractors where...more
3/28/2019
/ Amended Complaints ,
Burden of Proof ,
Construction Contracts ,
Contract Terms ,
Damages ,
General Contractors ,
Lack of Specificity ,
Modification ,
Motion To Strike ,
Pleading Standards ,
Supreme Court of Western Australia ,
Total Cost Claims