FRUSTRATION FRUSTRATED

Frustration frustrated? The English High Court in Into Nominee One Ltd v Study Group UK Ltd [2026] EWHC 1201 (TCC) considers the limits of frustration in the context of a lease agreement, where the premise was fraught with life-threatening defects.

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Xian Ying Tan
WHEN A LATER CONTRACT DOES NOT WIPE THE SLATE CLEAN

In Belong (Construction) Ltd v Seddon Construction Ltd [2026] EWHC 1275 (TCC), the TCC held that a later JCT contract did not extinguish liability for earlier breaches under a PCSA, despite wording that those rights and liabilities would be “subsumed into and be subject to” the later contract (Judgment [8], [11], [16], [36]–[47]).

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Xian Ying Tan
SPOLIATION OF EVIDENCE AND SETTING ASIDE

One of the issues that was addressed in the Singapore Court of Appeal’s decision of Oni Global Pte Ltd & Anor v GNC Holdings, LLC [2026] SGCA(I) 3 was whether the spoliation of evidence in an arbitration would render the arbitral award in conflict with the public policy of Singapore such that the award should be set aside.

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Xian Ying Tan
ADJUCATION REVIEW AND SOME OTHER ISSUES

The Singapore High Court recently addressed the scope of adjudication review under the Building and Construction Industry Security of Payment Act 2004, as well as some other issues, in Zhao Yang Geotechnic Pte Ltd v China Communications Construction Company Ltd (Singapore Branch) [2026] SGHC 82.

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Xian Ying Tan
WHEN COLLATERAL WARRANTIES MATTER: BUILDING SERVICES DEFECTS IN ONE HYDE PARK

It is not unusual for building contractors to provide collateral warranties. The recent England and Wales (Technology and Construction Court) decision of One Hyde Park Ltd v Laing O’Rourke Construction South Ltd [2026] EWHC 155 (TCC) is one such case, where the result was that the building contractor was ordered to pay in excess of £34 million pursuant to the collateral warranty given.

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Xian Ying Tan