Ser Kim Koi v GTMS Construction Pte Ltd  SGHC (A) 34 (“Ser Kim Koi”)
Concurrent Delay: A Tip of the Hat to Malmaison
This is one of the judgments in a prolonged dispute between the owner, his architect and main contractor in a project for the construction of three good class bungalows at Leedon Park.
The disputes culminated in a lengthy sixty day trial where the contractor and the architect claimed against the owner for unpaid work.
The owner counterclaimed against the contractor and the architect alleging that they had entered into an unlawful means conspiracy against him by, amongst others, improperly granting extensions of time, certifying as satisfactory deficient works that were not rectified, and certifying the project as being complete when it was not safe for occupation.
The owner lost the case at the High Court and lodged an appeal to the Court of Appeal.
The judgment of the Court of Appeal (CA) is the subject of this blogpost. The CA judgment is voluminous – 254 pages – and covers a broad spectrum of issues.
For this blogpost, our focus lies on the CA’s remarks on concurrent delay.
In our blogpost dated 3 Feb 2022, we had hoped that COVID-19 would be defeated by the tiger. And so it was. We are delighted to welcome the rabbit, a symbol of longevity, peace, and prosperity.
The construction industry is slowly but surely getting back on its feet. The total construction demand for 2023 is predicted to range from $27 billion to $32 billion. 60% of which is expected to come from public sector projects. [See: BCA press release dated 12 Jan 2023 at this link]
On the adjudication front, the number of adjudication applications lodged in 2022 was around 240, which is about 100 less than the 340 applications in 2021. We expect the numbers to rise again in 2023 in tandem with the rise in construction demand.
Wishing everyone a healthy, happy and prosperous year of the Rabbit.
Tan Joo Seng
5 March 2023
Happy Lunar New Year!
2020 to 2021 were uncharacteristically difficult, uncertain, and stressful times – no thanks to a microscopic, miniscule organism - SARS-Cov-2.
The zodiac sign tiger is a symbol of strength, exorcising evils, and braveness. Let’s hope that the tiger knocks out SARS-Cov-2 and we can all return to normality.
On the adjudication front, the number of adjudication applications lodged in 2021 was around 340 while the number of adjudication review applications was around 20. The total numbers are markedly lower than pre-covid numbers which hovered above the 500 mark. This perhaps a sign of the effectiveness of COTMA.
Wishing everyone a healthy, happy and prosperous year of the Tiger.
Tan Joo Seng
3 Feb 2022