Contractor wins 2-year suit against condo
by Andre Yeo
04:46 AM Sep 28, 2011
SINGAPORE - After being locked in a legal battle for two years, a contractor has won its suit against Mandarin Gardens condominium for withholding payment of nearly S$650,000 for repainting and repair works it had done for the condominium.
While Mandarin Gardens had accused the contractor - SKK - of not doing a good job and breaching its contract, and had claimed that SKK had conspired to cheat the condominium, Justice Lai Siu Chiu dismissed their counterclaim as "frivolous".
In her judgment issued on Monday, she ruled that SKK was entitled to their payment with interest.
In 2007, the condominium's 21st council had decided to carry out works on the 30-year-old estate, after many residents had complained of spalling concrete falling from balconies and air-conditioning ledges.
SKK was appointed after its tender of almost S$2.7 million was accepted. CC Building Surveyors (CCBS) was appointed project manager.
Central to the dispute was a letter SKK wrote to the condominium's council on Dec 31, 2007, detailing the work it would do if it won the tender.
While some residents were happy with the works that had been completed in May 2008, things went awry after June 8 when the 22nd council was elected.
Some members of the new council were unhappy with the repainting works and claimed they did not have a copy of the Dec 31 letter.
They then came up with a flow chart for the works which caused substantial delays.
From being ahead of schedule in July 2008, SKK was 16 weeks behind by Dec 19, 2008, as poor weather slowed them down.
The council then accused SKK of breaches of contract, while SKK wrote to them several times over non-payment for work done.
On Dec 31, 2008, CCBS' services were terminated and replaced by Building Appraisal. Its managing director, Mr Chin Cheong, would be a key witness for the condominium in the trial.
SKK, which was represented by Ms Sunita Sonya Parhar of S S Parhar and Company, then sued the condominium.
The condominium's council, represented by Mr Tan Liam Beng of Drew and Napier, argued that SKK had conspired with CCBS to cheat the condominium.
The 10-day trial early this year saw 15 witnesses take the stand.
In her judgment, Justice Lai said the alleged conspiracy between SKK, Mr Crispin Casimir of CCBS, condominium manager Catherine Ng and members of the previous council was "nothing more than a figment of the imagination of members of the new council, especially its witnesses".
She added their conduct "left much to be desired" and they did not act in the interests of the subsidiary proprietors.
Justice Lai also had harsh words for Mr Chin whom she said had lied while on the witness stand.
She found he had accepted whatever the condominium's council told him, without checking the facts.
She also criticised the council for poor record-keeping, noting that the fact that the council could not find a copy of the Dec 31 letter and other correspondence did not mean that SKK did not send them.
Justice Lai said what was "damning" was an email sent to the previous council's chairman by the council's honorary secretary Jeanette Chong-Aruldoss on July 15, 2008, asking if they were aware of the Dec 31 letter.
This email suggested some members of the council may have known about the letter.