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Construction contracts: who bears the risk of cost overruns?

Construction contracts may be priced in a number of ways. For most contracts, even those which are "fixed price", there is usually scope for cost/price variability. Four cases from December 2020 highlight some of the...more

Employer’s right to damages during defects notification period

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

Construction contracts: ambiguities in remeasurement provisions

Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

Turning off auto-correct? Employers' ability to recover costs of correcting contractors' defects

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

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