Liew Ter Kwang v Hurry General Contractor: Appeal on Arbitration Award Regarding Extension of Time in Construction Contract
In Liew Ter Kwang v Hurry General Contractor Pte Ltd, the Singapore High Court heard an originating motion by Mr. Liew seeking leave to appeal an arbitration award related to a construction contract dispute. The dispute concerned extensions of time granted to Hurry General Contractor Pte Ltd by the architect. The High Court granted Mr. Liew leave to appeal on three questions of law arising from the award, relating to the interpretation of clauses in the Singapore Institute of Architects' Articles and Conditions of Building Contract (Lump Sum Contract) 5th Ed, 1997.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Leave to appeal against arbitration award granted.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding an arbitration award concerning extensions of time in a construction contract. The court granted leave to appeal, addressing the interpretation of standard form contract clauses.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Liew Ter Kwang | Applicant | Individual | Leave to appeal granted | Won | |
| Hurry General Contractor Pte Ltd | Respondent | Corporation | Appeal allowed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| George Tan | ChanTan LLC |
| Winston Quek | B T Tan and Company |
4. Facts
- Mr. Liew contracted Hurry General Contractor to reconstruct his house.
- The contract incorporated the Singapore Institute of Architects' Articles and Conditions of Building Contract.
- Disputes arose regarding extensions of time granted by the architect.
- The contractor commenced arbitration against Mr. Liew.
- The arbitrator published an award in favor of the contractor.
- Mr. Liew filed an originating motion seeking leave to appeal the award.
5. Formal Citations
- Liew Ter Kwang v Hurry General Contractor Pte Ltd, OM 30/2003, [2004] SGHC 97
6. Timeline
| Date | Event |
|---|---|
| Contract signed | |
| Works commenced | |
| Works completed | |
| Certificate of statutory completion issued | |
| Notice of arbitration given | |
| Arbitrator appointed | |
| Arbitration Award dated | |
| Arbitration Award published | |
| Originating motion filed | |
| Motion heard | |
| Decision Date |
7. Legal Issues
- Extension of Time
- Outcome: The court granted leave to appeal on the questions of law related to the extension of time.
- Category: Substantive
- Sub-Issues:
- Grounds for extension of time
- Assessment of extension of time
- Review of architect's decisions
- Related Cases:
- [1998] 2316 HKCU 1
- (1973) 1 BLR 48
- Interpretation of Contract Clauses
- Outcome: The court granted leave to appeal to determine the correct interpretation of standard form contract clauses.
- Category: Substantive
- Recourse against award
- Outcome: The court granted leave to appeal on questions of law arising from standard form contract.
- Category: Procedural
8. Remedies Sought
- Leave to appeal arbitration award
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Arbitration
- Construction Law
- Commercial Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Pioneer Shipping Ltd v BTP Tioxide Ltd (The Nema) | N/A | Yes | [1982] AC 724 | England | Cited for principles on granting leave to appeal arbitration awards, distinguishing between one-off contracts and standard form contracts. |
| American Home Assurance Co v Hong Lam Marine Pte Ltd | N/A | Yes | [1999] 3 SLR 682 | Singapore | Cited for principles on granting leave to appeal arbitration awards, distinguishing between one-off contracts and standard form contracts. |
| Hong Huat Development Co (Pte) Ltd v Hiap Hong & Co Pte Ltd | N/A | Yes | [2000] 2 SLR 609 | Singapore | Cited for principles on granting leave to appeal arbitration awards, distinguishing between one-off contracts and standard form contracts. |
| Super Keen Investments Ltd v Global Time Investments Ltd v Grand Million Development Ltd | N/A | Yes | [1998] 2316 HKCU 1 | Hong Kong | Cited to support the principle that an architect can only consider an extension of time within the confines of the contract. |
| Token Construction Co Ltd v Charlton Estates Ltd | N/A | Yes | (1973) 1 BLR 48 | N/A | Cited to support the principle that an architect can only consider an extension of time within the confines of the contract. |
| John Barker Construction Ltd v London Portman Hotel Ltd | N/A | Yes | (1996) 50 Con LR 43 | N/A | Cited for the requirements for an architect to make a fair and reasonable assessment of the time extension to be granted. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Arbitration Act (Cap 10, 1985 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Extension of time
- Arbitration award
- Standard form contract
- Architect's instruction
- Conditions of Building Contract
- Architect's assessment
- Clause 23
- Clause 37(3)
15.2 Keywords
- arbitration
- construction
- contract
- extension of time
- Singapore
- building contract
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Arbitration | 90 |
| Construction Law | 75 |
| Contractual terms | 60 |
| Contract Law | 50 |
16. Subjects
- Arbitration
- Construction Dispute
- Contract Law