The Singapore Court of Appeal has recently held that there was no implied term of due diligence and expedition in a construction contract. This case aligns the Singaporean approach with that of the English courts.

A term of due diligence and expedition imposes an obligation on contractors or sub-contractors to maintain certain levels of progress and performance throughout the life of a project. This obligation is separate and in addition to the obligation to complete the works by a certain date. The issue of whether and when such a term can be implied into a construction contract has not previously been addressed by the courts of Singapore.

CAA Technologies Pte Ltd and Newcon Builders Pte Ltd [2017] SGCA 53 The key facts of the case are as follows:

Newcon Builders Pte Ltd ("Newcon"), the main contractor on a medical technology hub project, entered into a sub-contract with CAA Technologies Pte Ltd ("CAA") to design, produce and install hollow core slabs (the "Sub-Contract"). The Sub-Contract was recorded in a brief Letter of Intent ("LOI") which envisaged the parties subsequently signing a more detailed Letter of Acceptance ("LOA"), but CAA never executed the LOA. CAA repeatedly failed to deliver the hollow core slabs in accordance with the dates prescribed in the construction programme schedule, so Newcon terminated the Sub-Contract. CAA sued Newcon for wrongful termination. Newcon brought a counterclaim against CAA for breach of contract, claiming reliance costs and the liquidated damages that Newcon had to pay to the Employer due to the delay in the overall project.

To read more about this, please click on this link

Looking for more sales & revenues? Looking at accessing private tenders? SmartBuild Asia has made it possible by bringing together construction companies and information technology specialists.

SmartBuild Asia is the leading business intelligence provider to the construction industry in Singapore and beyond. Into a single construction portal, SmartBuild Asia gathers an unique set of 40,000+ companies, 16,000+ ongoing & recently completed construction projects as well as 10,000+ private & public tenders.

SmartBuild Asia offers its users the opportunity to search within 500+ data fields from 25+ trusted data sources (BCA, LTA, PUB, ACRA, HDB and many more) about each construction company, and to showcase their products & services.

Additionally SmartBuild Asia made it easy for main or sub-contractors and suppliers to search for projects & tenders: you go straight to the information you need and make the best use of the 15+ existing filters (i.e stage, type, value, stakeholder names, 8 dates, etc.). Checl out our videos!

Finally SmartBuild Asia gets 170,000+ page views per month: it is the leading private construction-focused website in Singapore

SmartBuild Asia also has the knowledge and capability to deliver tailor-made online marketing strategies and works with all the construction companies in Singapore. Whether you are a , a , a consultant or a designer, SmartBuild Asia has the right solution for you.

For more information, please visit SmartBuild Asia now and contact us at $700m in projects to boost construction sector