Developers can rely on the “independent contractor” defence to be held not liable for defects in residential private property, say lawyers Paul Sandosham and Looi Ming Ming.
New: You can now listen to articles.Water leakages and seepages are not uncommon problems in apartments. The issue is compounded in land scarce Singapore, where most people live in high-rise buildings with multiple floors and common property.
If it is suspected that your neighbour’s flat is involved, you might ask your neighbour to attend a joint inspection. Likewise, a main contractor is not liable for the negligence of his sub-contractor when the “independent contractor” defence is made out. All that the developer or main contractor needs to establish is that they exercised reasonable care in appointing the sub-contractors and sub-consultants, which is a relatively low bar.
The “independent contractor” defence therefore limits the recourse available to homeowners by restricting them to claiming only against negligent sub-contractors directly responsible for the property defects. the Singapore Academy of Law Building and Construction Sub-Committee recently penned a concept paper suggesting legislative reforms in relation to private residential property defectsIt recommends the imposition of a warranty that makes developers and the main contractor liable to original and subsequent homebuyers for property defects. These include structural cracks, fire safety defects and deficient waterproofing.
The Sub-Committee proposes extending the limitation period to 15 years for cases of major defects, while retaining the six-year limitation period for defects related to quality and workmanship.
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