Abstract:
In Vim Engineering Pte Ltd v Deluge Fire Protection (S.E.A.) Pte Ltd [2023] SGHC(A) 2, the Appellate Division of the High Court (“Appellate Division”) allowed a sub-subcontractor’s variation claims notwithstanding the absence of written instructions from the subcontractor as required by the contract, thus overturning the judge’s decision on this issue. The authors in this article discuss the Appellate Division’s analysis of conditions precedent to payment and waiver by election, and then consider the implications of the Appellate Division’s decision on the interpretation of standard form contracts and “back-to-back” contracts.