DMC v DMD

[2025] SGHC 151 High Court (General Division) 6 August 2025 • HC/OC 868/2023 • 64 min read

11 cases cited (10 SG, 1 foreign)

Catchwords

Contract — Terms — Liquidated damages clause Contract — Contractual terms — Scope of contractual duties of subcontractor Building and Construction Law — Statutes and regulations — Building and Construction Industry Security of Payment Act 2004 — Waiver by election for inconsistent rights

Practice Areas

Contract Building and Construction Law

Judges (1)

Kwek Mean Luck Delivered

Counsel (7)

Dentons Rodyk & Davidson LLP Firm Justicius Law Corporation Firm Ang Wei Jing, Sheryl Counsel Plaintiff Elizabeth Toh Guek Li Counsel Defendant Kirindeep Singh Counsel Plaintiff Lazarus Nicholas Philip Counsel Defendant Pang Haoyu, Samuel Counsel Plaintiff

Parties (2)

DMC Plaintiff DMD Defendant

Case Significance

[2025] SGHC 151 is a High Court (General Division) decision dated 6 August 2025 concerning Building and Construction Law and Contract, specifically addressing terms, contractual terms, and statutes and regulations. The judgment was delivered by Kwek Mean Luck. The case was brought by DMC (plaintiff) against DMD (defendant). Legal representation was provided by Dentons Rodyk & Davidson LLP and Justicius Law Corporation. The judgment cites 11 cases (10 Singapore, 1 foreign) and references 2 statutory provisions, including the Building and Construction Industry Security of Payment Act and the Civil Law Act.

Summary

A main contractor for road marking works claimed against its sub-contractor for backcharges and liquidated damages after the sub-contractor allegedly failed to perform a large part of its obligations under two sub-contracts worth approximately $20 million. The court found the sub-contractor breached both sub-contracts and awarded the main contractor backcharges and liquidated damages, while dismissing the sub-contractor's counterclaim for unpaid work.

What was decided in [2025] SGHC 151?

[2025] SGHC 151 (DMC v DMD) is a High Court (General Division) decision from 6 August 2025 addressing Building and Construction Law and Contract, specifically terms, contractual terms, and statutes and regulations. The judgment was delivered by Kwek Mean Luck.

Who were the parties in DMC v DMD?

The plaintiff in [2025] SGHC 151 was DMC, and the defendant was DMD. Legal representation included Justicius Law Corporation and Dentons Rodyk & Davidson LLP. The case was decided on 6 August 2025 in the High Court (General Division).

Which judge decided [2025] SGHC 151?

[2025] SGHC 151 was delivered by Kwek Mean Luck in the High Court (General Division) on 6 August 2025. The case concerned Building and Construction Law and Contract.

What cases and statutes does [2025] SGHC 151 cite?

[2025] SGHC 151 cites 11 prior decisions, including 1 from foreign jurisdictions. It references Building and Construction Industry Security of Payment Act, Civil Law Act.

Statutes Cited

Building and Construction Industry Security of Payment Act (Cap 30B)

s 26

Civil Law Act (Cap 43)

s 12

Cases Cited (11)

SG (5)

[2020] SGHC 165 [2023] SGHC 205 [2023] SGHC 3 [2023] SGHC(A) 2 [2023] SGHC(A) 38

SLR (5)

[2004] 3 SLR(R) 288 [2008] 2 SLR(R) 623 [2016] 3 SLR 1308 [2018] 1 SLR 317 [2021] 1 SLR 631

UK (1)

[2021] EWHC 2207

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2025] SGHC 151)