Contractors may still be liable for latent defects found years after completion, as they are by definition defects which are not readily apparent or discoverable. However, what if the defect was the fault of a supplier or subcontractor? This article will focus on a contractor’s liability in negligence and the defences he can use to escape such liability.
Surviving flow-down liability for liquidated damages: a guide for subcontractors
Liquidated damages (“LD”) clauses are a common measure for an employer to mitigate against delays caused by the main contractor. This same clause is often featured in subcontracts – they minimize the main contractor’s exposure to liability for delays caused by the subcontractor, and pass down the liability for LDs to the subcontractor. Unsurprisingly, LD clauses are one of the most common causes of disputes between main contractors and subcontractors as the payable amount can be quite substantial. This commentary will seek to explain the potential liability of a subcontractor for LDs arising from delays, and consider possible defences to be raised.
Doxxing in Singapore: Laws and Remedies
The growing trend of online vigilantism, coupled with the increasing number of doxxing incidents - where others’ personal information is published online - has highlighted the need for legislation against such conduct. In light of this growing issue, Parliament has amended the Protection from Harassment Act (“POHA”) to criminalise doxxing and provide more comprehensive remedies against doxxing. This article will explain when doxxing constitutes an offence under the POHA, as well as the remedies available for victims of doxxing.
Airplane Accidents – Understanding your rights under Article 17(1) and 21(1) of the Montreal Convention
October 29, 2018. Flight 610, Lion Air smashes into the Java Sea off Indonesia, killing all 189 souls aboard. This is swiftly followed by Flight 302, Ethiopian Airlines, which crashes in Bishoftu, Ethiopia. Again, no survivors are left. Preliminary investigations reveal that the auto-pilot systems in both cases forced the plane into a death dive, giving its crew little time to react. Claims for compensation are still pending, with families apparently pressured into signing away their legal rights. This article therefore seeks to inform the public of their rights in such cases. It sets out the legal regime that governs aircraft accidents, and the type of losses compensable, whether in the event of death or a serious injury to a loved one.
PROTECTION FROM THE PEEPING TOM: Interpreting the New Offence of Voyeurism
Under the Criminal Law Reform Act 2019, it is an offence for any person to observe or record someone doing a private act, without that person’s consent. It is also an offence to possess, gain access to, distribute, or threaten to distribute images so recorded.This paper focuses on the core offence of voyeurism, and its interpretation under the new laws.
Is that indemnity form valid?
During the school holidays, it is common for students to sign up for extra-curricular activities and it is equally common to be asked to sign an indemnity form. In a typical indemnity form, you agree to waive your right of legal action in the event of personal injury or death, arising from the negligence of … Continue reading Is that indemnity form valid?
Bridging the Divide between Married and Unwed Mothers
A letter (“No extra perks if unwed mums adopt own children: Forum” on 25th May 2017) by the Ministry of Social and Family Development (MSF) has raised pertinent views on how the Singaporean Government perceives marital status and motherhood. Recently, the MSF had granted Child Development Account (CDA) benefits[3] and Government-paid maternity leave to unwed mothers and their children – a step towards greater inclusion of diverse family structures within Singapore. Currently, all mothers have access to: MediSave grants for their newborn, infant care and childcare subsidies, and maid levy concessions. While MSF has made concerted efforts to provide all children with healthcare subsidies and benefits, there remains a disparity in the treatment between married mothers and unwed mothers.
