Trial between animal welfare group ACRES and contractor begins

Ong Dai Lin, Today Channel NewsAsia 25 May 09;

SINGAPORE : The company had allegedly dumped wood chips on the site of an animal shelter construction project, which contaminated the land.

Now it is not only disputing the claim, it is counter claiming S$180,000 from the Animal Concerns Research and Education Society (ACRES).

ANA Contractor and its director said the animal welfare group had defaulted on payments since September 2007.

The arrangement between the two parties, rather than the contamination, took centrestage at the start of ACRES' lawsuit.

The animal welfare group had appointed ANA in September 2006 to construct a Wildlife Rescue Centre to save animals from illegal trade. It was supposed to be finished by April 2007.

ACRES claims that the contractor did not meet the deadline and did not finish works, including an entrance porch for the office block and volunteer house.

But ANA's lawyer Lee Kwok Weng said in his opening statement that "throughout the construction of the project", ACRES did not state "any requirements or covenants".

He added that "the time of completion is at-large, with no fixed completion date" since the progress of each stage of work depends on "the availability of funds" from ACRES.

The non-profit organisation is still unable to operate the rescue centre because of toxic waste from wood chips dumped into a landfill.

ANA was supposed to level the plot of land by transferring earth from higher ground to lower ground.

ACRES is asking for damages of $180,000 for wasted rentals paid to the Singapore Land Authority and also wants ANA to pay for the costs of excavating the waste and re-building structures that have to be demolished because of the excavation.

So far, ACRES has received two quotes of between $4.5 million to $8 million for this.

The group claims that ANA director Tan Boon Kwee should bear responsibility for the dumping of wood chips, as he was the supervisor of the construction project.

Mr Tan's lawyer Gwee Hak Theng argued that Mr Tan's work was to "supervise the construction of critical structural works" and not to offer any technical expertise.

The wood chips caused a foul blackish discharge to pollute Kranji Reservoir, which was discovered in September 2007 and resulted in the National Environment Agency initiating prosecution against ANA last September, under the Environmental Protection and Management Act.

The agency said it is still consulting the Attorney General's Chambers on the "appropriate action to take".

"It is premature at this point to speculate if any cases will be submitted to the court for hearing," said a spokesperson.

The hearing continues. – TODAY

Contractor launches counter claim
Ong Dai Lin Today Online 26 May 09;

THE firm had allegedly dumped wood chips on the site of an animal shelter construction project, which contaminated the land. Now it is not only disputing the claim, it is counter-claiming $180,000 from the Animal Concerns Research and Education Society (Acres).

ANA Contractor and its director said yesterday the animal welfare group had defaulted on payments since September 2007.

The arrangement between the two parties, rather than the contamination, took the centrestage at the start of Acres’ lawsuit.

The animal welfare group had appointed ANA in September 2006 to construct a Wildlife Rescue Centre. It was supposed to be finished by April 2007. Acres claims that the contractor did not meet the deadline and did not finish works, including an entrance porch for the office block and volunteer house.

But ANA’s lawyer Lee Kwok Weng said in his opening statement that “throughout the construction of the project”, Acres did not state “any requirements or covenants”.

He added that “the time of completion is at-large, with no fixed completion date” since the progress of each stage of work depends on “the availability of funds” from Acres.

The non-profit organisation is still unable to operate the rescue centre because of toxic waste from wood chips dumped into a landfill. ANA was supposed to level the plot of land by transferring earth from higher ground to lower ground.

Acres is asking for damages of $180,000 for wasted rent paid to the Singapore Land Authority and wants ANA to pay for excavating the waste and rebuilding the structures that have to be demolished because of the excavation. Acres has received two quotes between $4.5 million and $8 million for this.

The group claims that ANA director Tan Boon Kwee should bear responsibility for the dumping of wood chips, as he was the supervisor of the construction project.

Mr Tan’s lawyer Gwee Hak Theng argued yesterday that Mr Tan’s work was to “supervise the construction of critical structural works” and not to offer technical expertise.

The wood chips caused a foul blackish discharge to pollute Kranji Reservoir, which was discovered in September 2007 and resulted in the National Environment Agency (NEA) initiating prosecution against ANA last September, under the Environmental Protection and Management Act.

NEA said yesterday it is still consulting the Attorney-General’s Chambers on the “appropriate action”. “It is premature at this point to speculate if any cases will be submitted to the court for hearing,” said a spokesperson.

The hearing continues.