PRO-ACTIVE ENGINEERING PTE. LTD. v PRIME STRUCTURES ENGINEERING PTE LTD

[2023] SGHC 205 High Court (General Division) 31 July 2023 HC/S 907/2021

1 cases cited Cited by 1 case

Key facts

Court	High Court (General Division)
Decided	31 July 2023
Judge	Lai Siu Chiu
Charges / claim	Civil Procedure, Building and Construction Law
Counsel	Anthony Law Corporation, Rajwin & Yong LLP, Lee Wei Fan (Li Weifan), Remya Pisharath, Yong Zhee Hoe

Source: [2023] SGHC 205, High Court (General Division), decided 31 July 2023 — eLitigation. Updated 10 July 2026.

Catchwords

Civil Procedure — Discontinuance Building and Construction Law — Back charges Building and Construction Law — Scope of work — Variations Building and Construction Law — Damages — Delay in completion Building and Construction Law — Damages — Failure to complete Building and Construction Law — Building and construction contracts Building and Construction Law — Contractors’ duties — extension of time and liquidated damages

Practice Areas

Civil Procedure Building and Construction Law

Judges (1)

Lai Siu Chiu Delivered

Counsel (5)

Anthony Law Corporation Firm Rajwin & Yong LLP Firm

Lee Wei Fan (Li Weifan) Counsel for the defendant

Remya Pisharath Counsel for the plaintiff

Yong Zhee Hoe Counsel for the plaintiff

Parties (2)

Prime Structures Engineering Pte Ltd Defendant

Pro-Active Engineering Pte Ltd Plaintiff

Case Significance

Pro-Active Engineering Pte Ltd v Prime Structures Engineering Pte Ltd [2023] SGHC 205 is a reserved judgment of Lai Siu Chiu SJ in the General Division of the High Court, delivered on 31 July 2023 in Suit No 907 of 2021. In this suit Pro-Active Engineering Pte Ltd ("Pro-Active") sued Prime Structures Engineering Pte Ltd ("Prime") for $558,559.97 arising out of works carried out on a building known as SOUTHERNWOOD at No 79 Robinson Road, Singapore, a project now known as CapitaSky whose developer was Capitaland and main contractor Shimizu Corporation (Singapore) Ltd. Prime, a subcontractor on the project, had engaged Pro-Active to supply, fabricate and install steel works by way of a letter of appointment dated 9 January 2019; the judgment addresses building and construction contracts, variations, back charges, extension of time and liquidated damages, and damages for delay.

Summary

Pro-Active Engineering, a sub-contractor engaged to supply, fabricate and install steel works on the CapitaSky project, sued Prime Structures Engineering for $558,559.97 arising from the works. The General Division of the High Court found Pro-Active had not proven its full claim and awarded it only $179,151.04 with interest, while ordering nominal costs to Pro-Active following Prime's late withdrawal of its liquidated damages counterclaim.

What was Pro-Active Engineering v Prime Structures Engineering [2023] SGHC 205 about?

It was a building and construction dispute before Lai Siu Chiu SJ, decided on 31 July 2023, in which Pro-Active Engineering Pte Ltd sued Prime Structures Engineering Pte Ltd for $558,559.97 over steel works carried out on the SOUTHERNWOOD project at No 79 Robinson Road.

What was the project at issue in [2023] SGHC 205?

The works concerned SOUTHERNWOOD at No 79 Robinson Road, Singapore, now known as CapitaSky, developed by Capitaland with main contractor Shimizu Corporation (Singapore) Ltd; subcontractor Prime engaged Pro-Active to supply, fabricate and install steel works under a letter of appointment dated 9 January 2019.