ICOP CONSTRUCTION (SG) PTE. LTD. v TIONG SENG CIVIL ENGINEERING (PRIVATE) LIMITED

Case Significance

ICOP Construction (SG) Pte Ltd v Tiong Seng Civil Engineering (Pte) Ltd [2024] SGHC(A) 1 was a decision of the Appellate Division of the High Court in Civil Appeal No 100 of 2022, heard on 26 May 2023 before Woo Bih Li JAD, Kannan Ramesh JAD and Quentin Loh SJ, with Quentin Loh SJ delivering the reserved judgment of the court on 2 January 2024. The appeal arose from a construction dispute between ICOP Construction (SG) Pte Ltd, a subcontractor for microtunneling works, and the main contractor, Tiong Seng Civil Engineering (Private) Limited.

The judgment records that the trial below in HC/S 1086/2019 was bifurcated, and that the appeal arose from the judge's decision on the first tranche dealing with liability of ICOP's claims and TSCE's counterclaims. The judge below had ordered TSCE to pay ICOP $1,333,298.52, and ICOP to pay TSCE $402,790.46 for delay damages, and found that ICOP had wrongfully terminated the subcontract, with TSCE's loss and damage for wrongful termination to proceed to the second tranche where damages would be assessed. The catchwords address damages, performance bonds, termination, and employers' and contractors' duties in building and construction law. Bird & Bird ATMD LLP acted for the appellant and Allen & Gledhill LLP for the respondent.