BUILDING DEFECTS: PROFESSIONAL NEGLIGENCE IN SINGAPORE �S CONSTRUCTION INDUSTRY

Abstract

Building defects in strata title developments are often structurally convoluted and dispute-prone as a result of the involvement of multiple parties in its construction. Such disputes pertain to issue of whether the claimant has any cause of action against any party over building defect’s dispute and, who is to be made liable for the building defects. . The release of the Singapore White Paper reflects the urgency to provide homes to 6.9million population by the year 2030. In this regard, Ahmed and Stephenson (1997) have argued that the probability of building defects will increase with the upsurge in construction activities. Thus, the issue of building defects in the future is a crucial aspect to look into. Reiterating the importance of addressing building defects issues, this paper offers an in-depth analysis on professionals’ liability over negligent acts. The paper further examines the institutional arrangements within Singapore’s building quality control mechanism. The paper also analyses cases from commonwealth jurisdictions, but focuses on Singapore’s legal position. This discussion shows the inclination of Singapore’s courts to recognize the legal grounds for claims in the absence of contract for damages over professional’s negligence through tort law. The analysis also reveals that Singapore’s construction industry regulations focus very much on the aspect of structural stability but does not appear to address issues pertaining to workmanship and building materials’ quality. The findings are that ongoing attempts to develop legislative frameworks should therefore not end at altering the regulation. In addition, enforcement systems and cooperation from developers are alternatives to improve building quality.