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Significance: Singapore Court of Appeal held that unless there are clear words or strong implication from express words in the contract, a defects liability clause in a property construction or development contract does not cause the owner/employer to lose its right to claim damages at common law for defects.
MCST Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] SGCA 40
Significance: Singapore Court of Appeal held that the architect and builder / main contractor is not subject to a non-delegable duty in tort to ensure that the building and design of a building was carried out without negligence on the part of any of their sub-contractors: MCST Plan No 3322 v Tiong Aik Construction Pte Ltd [2016] SGCA 40. The Court also held that moving forward, to demonstrate that a non-delegable duty arises on a particular set of facts, a claimant must minimally be able to satisfy the court either that: (a) the facts fall within one of the established categories of non-delegable duties; or (b) the facts possess all the features described at [58] above.
In this case, RSP Architects and Tiong Aik Construction were sued by The Seaview’s MCST.
Continue reading “MCST Plan No 3322 v Tiong Aik Construction Pte Ltd – SGCA holds no non-delegable duties on construction professionals”