TERRENUS ENERGY SL2 PTE LTD v ATTIKA INTERIOR + MEP PTE LTD

[2023] SGHC 333 High Court (General Division) 27 November 2023 HC/S 173/2022 171 min read
25 cases cited (22 SG, 3 foreign) Cited by 1 case

Key facts

Court High Court (General Division)
Decided
Judge Kwek Mean Luck
Charges / claim Contract, Building and Construction Law
Counsel Drew & Napier LLC, Eldan Law LLP, Amanda Koh Jia Yi, Lee Peng Khoon Edwin, Raheja Binte Jamaludin, Smrithi Sadasivam, Teo Wei Xian Kelvin (Zhang Weixian Kelvin), Zhao Junning

Source: [2023] SGHC 333, High Court (General Division), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (1)

Counsel (8)

Parties (2)

Case Significance

Terrenus Energy SL2 Pte Ltd v Attika Interior + MEP Pte Ltd [2023] SGHC 333 is a judgment of the General Division of the High Court delivered by Kwek Mean Luck J on 27 November 2023 after a lengthy trial across July to November 2023. Terrenus, the employer, had engaged Attika as main contractor under a lump sum contract dated 5 April 2021 to build a Ground Mount Solar Generation Facility and Linkway at Changi Business Park. Terrenus claimed damages for three major defects and liquidated and general damages for delay, while Attika sought an extension of time and counterclaimed for the balance of the contract price. The judgment addresses construction defects, remoteness, extension of time and liquidated damages, and has been cited 25 times.

[2023] SGHC 333 explained

TERRENUS ENERGY SL2 PTE LTD v ATTIKA INTERIOR + MEP PTE LTD ([2023] SGHC 333) is a Singapore judgment decided by the High Court (General Division) on 27 November 2023. It is categorised under Contract and Building and Construction Law. Within this corpus it has since been cited by 1 other reported Singapore judgment, a measure of how often later decisions have referred to it. This page summarises what the reported decision covers and links the primary sources — the full judgment, the statutes it cites, and the other cases it engages with — so the decision can be read in context. It is reference information, not legal advice, and it does not state the outcome or any holding beyond what the official judgment records.

What is [2023] SGHC 333 about?

TERRENUS ENERGY SL2 PTE LTD v ATTIKA INTERIOR + MEP PTE LTD ([2023] SGHC 333) is a High Court (General Division) decision from 2023. Its published catchwords are “Contract — Remedies — Damages”, “Contract — Remedies — Remoteness of damage”, “Building and Construction Law — Damages — Damages for defects”, and “Building and Construction Law — Scope of works — Specifications”, which indicate the subject matter the judgment addresses. The full reasoning and orders are in the judgment itself, linked below.

Which legislation does [2023] SGHC 333 consider?

The judgment refers to Building and Construction Industry Security of Payment Act (Cap 30B), Civil Law Act (Cap 43), and Evidence Act (Cap 97). The statutes cited are listed in full on this page, each linking to its primary text.

How influential is [2023] SGHC 333?

Within this corpus, [2023] SGHC 333 has been cited by 1 later reported Singapore judgment. That count reflects references from other decisions held in this corpus only and is a conservative lower bound on how often the case has actually been cited.

Summary

Terrenus Energy SL2 Pte Ltd engaged Attika Interior + MEP Pte Ltd as main contractor to construct a ground-mount and linkway solar generation facility at Changi Business Park, and sued for damages arising from alleged defects and delays, while Attika counterclaimed for an extension of time and the balance of the contract price. The court addressed the scope of works, extension of time, liquidated damages and defects. Kwek Mean Luck J awarded Terrenus nominal damages, diminution in value and liquidated damages with pre-judgment interest fixed at 0.18%, directing the parties to make submissions on costs.

What was Terrenus Energy SL2 v Attika Interior + MEP [2023] SGHC 333 about?

It was a High Court construction dispute over a lump sum contract dated 5 April 2021 for a solar generation facility at Changi Business Park, involving claims for defects and delay damages and a counterclaim for the contract balance, decided by Kwek Mean Luck J on 27 November 2023.

What did Attika counterclaim in [2023] SGHC 333?

Attika, the main contractor, claimed an entitlement to an extension of time and counterclaimed against Terrenus for payment of the balance of the contract price, in response to Terrenus's claims for defects, liquidated and general damages.

Statutes Cited

Cases Cited (25)

SG (6)
[2005] SGHC 128 [2005] SGHC 174 [2017] SGHC 22 [2017] SGHC 62 [2020] SGHC 4 [2021] SGHC 189
SLR (16)
[2004] 4 SLR(R) 162 [2007] 2 SLR(R) 453 [2008] 2 SLR(R) 623 [2010] 2 SLR 386 [2012] 3 SLR 1088 [2015] 2 SLR 686 [2016] 3 SLR 1308 [2016] 5 SLR 103 [2017] 2 SLR 940 [2018] 2 SLR 199 [2019] 1 SLR 214 [2019] 4 SLR 1075 [2020] 1 SLR 133 [2021] 1 SLR 631 [2023] 1 SLR 1097 [2023] 1 SLR 536
UK (3)
[1915] AC 79 [1952] 2 All ER 176 [1996] AC 344

Cited By (1)

Related cases

Other Singapore judgments involving the same parties or counsel.

Referenced in

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGHC 333)