Singapore High Court Clarifies the Legal Effect of a Defects Liability Clause

27 Aug 2019 CaseWatch

The High Court has clarified the law on defects liability clauses in Singapore: Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175.

This case is a significant decision as it clarifies the obligations and rights of parties to a construction contract under a defects liability clause.

The case also clarifies the scope of the earlier decision of Yap Boon Keng Sonny v Pacific Prince International Pte Ltd and another [2008] 1 SLR(R) 285 (“Sonny Yap case”), in which the High Court had found that the plaintiff property owner had breached the defects liability clause by preventing the defendant contractor from rectifying the defects. In the Sonny Yap case, the High Court held that the plaintiff property owner was not allowed to recover the costs of rectifying defects that the defendant contractor had intended to rectify.

This legal update takes a look at the High Court’s decision.

If you would like information on this or any other area of law, you may wish to contact the partner at WongPartnership that you normally work with or the following partner:

Lesley FU
Partner – Infrastructure, Construction & Engineering Practice
d +65 6517 3786
Click here to see Lesley’s CV.