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Seaview residents seek S$32m in damages for defects

SINGAPORE — Homeowners of a posh condominium in the east have more than doubled the amount they are seeking in damages for defects that have allegedly plagued their estate since 2008.

Mr Brian Selby, Chairperson of the Management Corporation Strata Title of The Seaview Condominium, at the Supreme Court on July 3 2015. Photo: Robin Choo

Mr Brian Selby, Chairperson of the Management Corporation Strata Title of The Seaview Condominium, at the Supreme Court on July 3 2015. Photo: Robin Choo

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SINGAPORE — Homeowners of a posh condominium in the east have more than doubled the amount they are seeking in damages for defects that have allegedly plagued their estate since 2008.

Residents of The Seaview, along Amber Road, had  filed a civil suit in 2011 against the developer Mer Vue Developments; main contractor Tiong Aik Construction; architecture firm RSP Architects Planners & Engineers; and mechanical and electrical firm Squire Mech.

On the first day of the hearing into their suit today (July 3), the High Court heard that the residents are now seeking S$32 million in compensation, up from the previously reported figure of S$14 million. The court was told that the initial assessment of damages had amounted to around S$1.1 million. The figure was taken from a report done by an independent contractor in November 2009.

Among the household defects mentioned in court were sewage issues, leaking windows, and units plagued with foul smells.

Other property damages included swimming pool tiles popping out; rotting timber at the side of the swimming pool; cracking paint on building elevations due to a lack of primer; and an improperly installed lighting rod that led to falling concrete blocks during lightning strikes.

Responding to the plaintiff’s claims of S$32 million in damages, Mr Ravi Chelliah, lawyer for Tiong Aik Construction, said the defendants are “sensitive to the amount”.

The court heard that three of the four defendants — the developer, main contractor and architect — will be relying on the “independent contractor defence” to argue their case.

Such a defence means that the employer is not liable for negligence on the part of an independent contractor. Only Squire Mech is not intending to use this defence.

In his opening statement to the court today, Mr Samuel Seow, one of the lawyers representing the condo residents, said the independent contractor defence seeks to “push the defence down the line”, which means that “eventually the only people to whom homeowners can seek compensation from would be the painter who (did not) paint the primer onto the walls, or the worker who did not do a good job of waterproofing the swimming pool”.

Mr Seow argued that each of the parties involved had a duty of care towards the residents of the condominium, and that these duties had been breached.

He added that the independent contractor defence does not stand because none of the contractors hired by the defendants were independent at the time of the construction.

During one spirited exchange at the hearing, Mr Seow said Wheelock Properties — which owns Mer Vue Developments — had “made healthy profits … by building (the condominiums) as cheap as possible … and selling them (at the highest profit)”.

This was met with a sharp rebuke from both Mr Christopher Chuah, who represents Mer Vue Developments, and Mr Chelliah. Mr Chuah said such “disparaging remarks” were “unfair” to the defendants. Mr Chelliah told Justice Chan Seng Onn that “the preliminary issue here was whether the independent contractor’s defence could stand”.

In a media statement, Mer Vue said it had taken “great care in engaging competent independent consultants and contractors” during the construction of the condominium.

Mer Vue said the “alleged defects are not defects … (but) are because of fair wear and tear and/or lack of proper maintenance on the part of the plaintiffs”.

The hearing continues on Monday.

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