The Importance of Insurance in the Construction Industry in Today's Economic Conditions: What Does a Contractor's All Risks Policy Cover?

16 July 2009,
5.30-7.30pm,
at Marina Bay Room,
ERC City Campus.
61, Robinson Road,
#17-01 Robinson Centre

The financial crisis has emphasised the importance of insurance as a risk management tool in large scale construction projects. Contractors All Risks Policies, which are purchased as part of such construction projects, have been examined by the Courts in many jurisdictions in determining what loss and damage incurred in the life of a project is, and is not, covered by these policies. Mr. Justyn Jagger, who is currently the President of the Insurance Law Association of Singapore, will examine a number of decisions addressing the ambit of the insuring clause, the operation of the exclusion clauses, the importance of the notification clause and the increasing willingness of insurers to exercise their rights of subrogation. Mr. Jagger will conclude by summarising how contractors may avoid some of the common perils and pitfalls encountered when bringing an indemnity claim for loss and damage suffered during the project.

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 9 July 2009!

For enquiries, please contact us at secretariat@scl.org.sg or 31273797 (VOIP no., no 6 prefix required).

Inaugural Annual Dinner 2009

30 July 2009,
6.30-10.30pm,
at OSO Risorante

Members and their guests are warmly invited to the Society’s 1st Annual Dinner on Thursday, 30 July 2009, 6:30–10.30pm at OSO Risorante, 46 Bukit Pasoh Road, Level 2.

Join us from 6:30pm at OSO Bar on Level 1 for an informal, warm & stylish evening of Western-Italian food, free flow of wines, spirits & soft drinks.

The Society’s founding Chairman, Philip Jeyaretnam SC, will deliver what promises to be an entertaining and light-hearted after dinner speech on: “Constructing a Society: Collision and Collusion”.

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 16 July 2009!

Do note that places are very limited and will be allocated on a first-come first-served basis. For enquiries, please contact us at secretariat@scl.org.sg or 31273797 (VOIP no., no 6 prefix required).

5th Annual Joint SCL-Law Society Law Conference

23 September 2009,
9.00am-5.15pm,
at Grand Park City Hall

The annual Society of Construction Law (Singapore) & Law Society of Singapore Joint Construction Law Conference is now into its fifth year. This year, we are pleased to have the Honourable Sir Vivian Ramsey deliver the Conference Opening Keynote Address. In addition, the Conference features a panel of luminary speakers from the region from the construction and legal sectors.

This Conference is for anybody who has an interest in legal developments or legal aspects concerning the construction industry, including lawyers, architects, engineers, surveyors, developers and contractors.

Session 1:
Keynote Speech – “Construction Claims in Times of Economic Uncertainty”

Session 2:
“Managing the Risks Arising from Suspension/Termination and Insolvency”

Session 3:
“Protecting the Investment & the Future of Development Finance”

Session 4:
“Regional Legal Outlook”

Session 5:
“Insights from Industry” Panel Discussion

More details in the Conference Brochure.

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 17 September 2009! Do note there are limited seats available.

For enquiries, please contact us at secretariat@scl.org.sg or 31273797 (VOIP no., no 6 prefix required).

Post-event Update on "Engineering 101 for Non-Engineers"

Ever wondered how some buildings actually stand up or why they are now reaching so high? Ever wondered who does what in a project team or what happens where and when on site? All these questions and many, many more were encompassed into a two and a half day course on engineering which was tailor- made for non engineers. Following the successful Engineering 101 and Common Construction Disputes vs. Construction Challenges papers presented at the 2008 Joint SCL-Law Society Annual Conference in 2008 and the overwhelming positive feed-back, Audrey Perez (Head of Department - Dragages Singapore Pte Ltd and an active SCL Council member) devised and delivered this unique training event.

Participants comprising of lawyers, academics and construction industry professionals, were presented with five modules covering Construction Features; Construction Facts and Figures; Engineering principles; Construction Project teams and their role; Construction Execution and Common Construction Disputes vs. Construction Challenges.

The well prepared material (with text, illustrations and pictures) provided an in depth exposure to the construction industry from various aspects including engineering, architectural, historical amongst many others. Despite it being two and half days long and over a week-end, Audrey was able hold the interest of the audience throughout the programme. All of the course modules were interactive and this enabled many facts, contradictions and controversial construction related issues to be discussed and debated.

Again, the feed-back was overwhelming:
“Excellent!”,
“Extremely useful and informative”,
“interesting and inspiring”…
“Audrey has incredible stamina, not to mention her wit and passion for the subject matter… I was enthralled.”

The Chairman of the Society concluded the event by presenting the delegates with a Certificate of Attendance from the SCL. It has been agreed to repeat this course as there is clearly a demand for such practical training. The Society and Audrey are also working on the publication of this material.

Post-event Update on Site Visit: "High Rise Constructions: Site Tour and Challenges Met"

On Friday 20 March 2009, the second construction site visit was held successfully at The Arte project at Balestier. The event was hosted by the Design and Build main contractor, Dragages (Audrey Perez – Corporate Head of Department, Frederic Perez, Projects Director and Sebastian Roisne Project Manager). The Arte is a residential development in the Balestier area consisting of two 36 storey high rise towers.

The visit commenced with a thorough presentation of the project itself along with the construction details and techniques involved. The very specific and active interest shown by the audience made this session much longer than scheduled but very interactive, with many questions and answers. Particular interest was raised regarding pre-cast concrete, construction speed and other construction challenges for high rise buildings in the context of Singapore.

The attendees were then escorted by a large team for a comprehensive tour of the site to see many aspects of the construction such as the first completed apartments; the construction cycle at the top of the building; some architecturally “difficult” materials management areas (such as stone/marble) and, to end the visit, a site external works tour to discover pre-cast concrete yards.

The group was very enthusiastic and participative and both the SCL delegates as well as Dragages’ representatives enjoyed sharing information and views on the reality of construction as well as how it interlinks with other challenges relating to Construction Law and Contracts! This visit was definitely beneficial for all. Audrey, on the Behalf of the SCL, thanked the Dragages representatives for volunteering their time to share their knowledge with the SCL members with accurate, yet pragmatic, presentations and for conducting this site visit.

Post-event Update on "Atkin Chambers on: (1) Delay Analysis, Concurrency and the Contractual Allocation of Risk (2) Immunity of Expert Witnesses?"

Here are some photos takens at the event on 4 March 2009:

Post-event Update on "1st Social & Networking Event: Networking Cocktail 2009"

Some 40 SCL members and guests convened on 4 February 2009 for a networking cocktail at its now customary venue of the Boathouse, at the Fullerton Hotel. The event was launched by the Society’s chairman, Mr Mohan Pillay, who set the scene by highlighting initiatives that would be undertaken by the SCL Council in the coming year. These included visits to construction sites, training courses, an annual dinner and the regular seminars. He also mentioned that regular events, such as the Networking Cocktails, would flavoured by inclusion of new elements. For example, at this event, there was an exhibition of creatively composed photographs, by member Audrey Perez and one of her colleagues, of construction sites and activities. The attendees represented a wide cross-section of the construction industry and included lawyers, engineers, architects, contractors and other construction professionals. It was indeed a forum for some serious networking and was doubtless enjoyed by all.

Post-event Update on "Site Visit: Construction of the Circle Line MRT Stations and Interconnecting Tunnels"

On Saturday 24 January 2009, we held our first ever site visit to the new Buona Vista Station on the future Circle Line, MRT. The event was hosted by Nirhbik Sengupta (Construction Manager) and Singhal Vivek (Project Director) of Alpine Bau Gmbh (Singapore Branch), one of the parties in the JV responsible for the civil works contract for stages 4 and 5 of the Circle Line.

The morning commenced with a review of the scope of the contract which includes the construction and completion of Holland, Buona Vista and NUH Stations, including fit out works and tunnels for One-North Station. It was particularly interesting to learn about the technical difficulties encountered in the construction because of restricted access and the methods that had been employed to overcome these problems.

The attendees were then escorted on a tour of the site to see the tunnel entrance at Buona Vista Circle Line Station viewed from the unique location of the foundation level of the future rail track.

Our group all agreed this was a most informative and worthwhile morning and on behalf of the SCL extended their thanks to Sengupta and Vivek for their excellent presentation and for conducting this tour.

SCL-NUS INAUGURAL LECTURE: Managing Construction Contracts During Times of Economic Uncertainty by Mr Chow Kok Fong

The inaugural Society of Construction Law – National University of Singapore annual lecture was held on 14 January 2009 at the Pod at the National Library. The event was chaired by Immediate Past President of the Society, Mr Naresh Mahtani. The keynote speaker was Mr Chow Kok Fong, also a former president of the Society, who, with his customary insight, tackled the highly topical subject of “Managing Construction Contracts During Times of Economic Uncertainty” A question and answer session saw the panel of Mr Chow, Dr Philip Chan of the National University of Singapore, and Mr Mahtani, fielding questions of a distinctly financial flavour. The event closed with two presentations. The first was the award of this year’s SCL Book Prize to the Department of Building’s outstanding graduating student, Ms Lee Wei Ling. This was followed by the presentation to the Society by the publishers, Thomson, and Lexis-Nexis, of a book each. These were received by the President of the Society, Mr Mohan Pillay. The session was closed by an address by Professor Tham Kwok Wai of the National University of Singapore. All-in-all, this was an eventful and fulfilling afternoon. We look forward to next year’s lecture.

PRESENTATION OF BOOKS TO THE SOCIETY
The Society would like to thank the following publishers for their kind donation of books to the Society at the SCL-NUS inaugural annual lecture:

1. Thomson Sweet & Maxwell for the gift of “Statutory Adjudication in Singapore - the Act, Standard Forms & Determination” by Philip CH Chan
2. LexisNexis for the gift of “Asia Pacific Construction Law Casebook - HK, Malaysia & Singapore (2007)”, by Phillip CH Chan, Asanga Gunawansa

Post-event Update on "Comparative Overview: (1) Institutional Arbitration (2) Liquidated Damages"

On 20 November 2008, we had the pleasure of being addressed by Ms Finola O'Farrell QC and Simon Hughes from the construction law specialists barristers at Keating Chambers speak to SCL members and guests on "A Comparative Overview: (1) Institutional Arbitration (2) Liquidated Damages".

Ms. O'Farrell a practicing barrister, adjudicator and mediator who took Silk in 2002 and Mr. Hughes with an impressive practice acting in a large number of substantial high profile disputes in the UK and overseas, presented their joint papers with the aid of presentation slides on both topics. Their talk on Institutional Arbitration covered the various arbitral institutes, recommended clauses, several of the key rules of arbitration, statistics and comparative tables on Request for Arbitration and Response, formation of Arbitral Tribunal, expedited formation of Arbitral Tribunal , jurisdiction, powers and fees for such arbitrations. After the break, their talk on Liquidated Damages covered the nature and purpose of liquidated damages, whether it was an exhaustive remedy, grounds for challenge, general damages if liquidated damages are unenforceable and several cases.Their presentation provided the participants with a timely reminder of the essentials when dealing with International Arbitration and Liquidated Damages.

The talk was kindly chaired by Michael Furmston the Dean of Law at the Singapore Management University, the editor of "Construction Law Report" and for 30 years the editor of "Cheshire, Fifoot and Furmston on Contract". With his vast experience, Mr. Furmston held an engaging and lively Q & A session to end off an enriching evening for the participants.

Post-event Update on "Cross Fertilisation - New Zealand Developments in Construction Law and Adjudication"

On 20 October 2008, we were honoured to have Mr. Tomas Kennedy-Grant QC give a talk to SCL members and guests on "Cross-Fertilization: Developments in Construction Law and Adjudication in New Zealand". Mr. Kennedy-Grant, a renowned international arbitrator, was formerly a Master of the High Court of New Zealand and is the author of "Construction Law in New Zealand", amongst other publications. The evening seminar was chaired by Mr. Chow Kok Fong, former Chairman of the SCL in Singapore. In his talk, Mr. Kennedy-Grant dealt with many interesting developments in the law in New Zealand, in particular, in relation to Negligence, Specific Performance and Adjudication. All of these topics are of interest to practitioners in Singapore, as both countries share the same common laws and principles in relation to contracts and dispute resolution.

SCL (Singapore) Chairman's Message to Members

Dear SCL (Singapore) member,

At our 28th August AGM this year, you elected a new Council for a 2 year term ending 2010.

The new Council, which presents an excellent combination of experienced Council members and “new blood”, has since then deliberated and agreed its direction and focus.

As Chairman, I am delighted to present you the new Council’s priorities for its term of office.

The unique multi disciplinary and cross industry space occupied by SCL(S) in the construction industry provides significant opportunities to broaden our Society’s reach and appeal. The Council sees 3 important aspects to this:

To develop these objectives meaningfully, the Council has established the following Standing Committees:

A brief statement of the Committees’ roles is available here.

The e-questionnaire that comes with this message will provide you ample opportunity for feedback, comments and involvement. I warmly invite you to take full advantage of this opportunity to interact with the new Council.

On behalf of the new Council, I look forward to your active participation and support, and meeting you at the many activities that are being planned.

Mohan R. Pillay
Chairman

SCL AGM 2008 & Pre-AGM Talk – 28 August 2008

The AGM on 28 August 2008 was preceded by a talk by Christopher Nunns on the subject of “Unforeseen Conditions”, which drew over 70 interested members and guests.

At the AGM which followed immediately after the talk, other than the annual reports by the office bearers, the members present approved certain amendments to the SCL constitution, which streamlined the workings of the SCL council and election procedures.

The Chairs of the Working Groups on contracts, costs and codes of conduct respectively also presented interim reports of the working groups.

The Council of the SCL for the term 2008-2010 elected at the meeting is as follows:

The outgoing Chairman, Naresh Mahtani, thanked the outgoing Committee, members and the secretariat for their support and assistance in the running of the Society; and wished the incoming Chairman, Mohan Pillay, and the new Council success and enjoyment in their management of the Society. Mohan Pillay, in his inaugural speech as the new Chair, thanked Naresh and the outgoing Committee for leading the Society in the prior term, as well as briefly outlined his plans and aspirations.

The AGM was followed, in our usual tradition, by wine, cocktails and snacks.

Post-event Update on "4th Annual Joint SCL-Law Society Law Conference"

This joint annual event took place this year on 31 July, with 130 participants. During the morning session on “Engineering & the Law”, Ms Audrey Perez held the participants spell-bound with her interesting visual presentations on “Engineering 101 for Non-Engineers” and Mr. Tan Chee Meng SC and Ms Perez led thought-provoking discussions on “Bridging the Gap between Construction Law and Construction Projects” and “Engineering the Law – Science or Art?” Following a truly sumptious buffet lunch, the afternoon sessions were informative updates on construction law by Mr. Tan Chau Yee and on current issues in construction adjudication by Mr. Edwin Lee.

[View more photos]

Post-event Update on "Networking Cocktail 2008"

About 60 members and their guests turned up at the Society's annual networking cocktail, held at the Fullerton Boathouse on 19 June 2008. In addition to an address by the Chairman, Naresh Mahtani, there was a presentation by committee member, John Sanderson, on the topic of construction challenges in the Maldives. As usual, this was an excellent and enjoyable opportunity for construction law and construction industry practitioners to meet informally and discuss industry developments in Singapore and the region.

Here are some photos taken at the event:

Post-event Update on "Programming in Construction"

More than 120 members and guests attended a talk on "Programming in Construction" by SCL member Anthony Clifford on 21 May 2008 at the Supreme Court Auditorium.

Mr. Clifford, a chartered engineer and principal of International Construction Consultants Pte Ltd, has had over 40 years' experience in civil engineering and in programming in various major projects in Singapore (such as the overall planning of the Changi Water Reclamation Plant) , the United Kingdom, China and the Middle East. He was the project and consortium director of the Da Chang Water Treatment Plant in China, which jointly with the Hong Kong Airport project, won the "Award for the Best Performance by a British Company Anywhere in the World", an annual award by the British Department of Trade and Industry Mr. Clifford handed out a well-researched 60-page paper on the subject, and in his presentation, included examples of programming strategies in some of his previous projects, as well as covered the basics and some details of several aspects of programming, such as types and formats of programmes, critical paths, significance of programme approvals, programme monitoring and floats.

Dear Members,

The Society of Construction Law, since its inception five years ago, has provided members and their guests a convenient meeting point to gather socially and intellectually and discuss matters of mutual interest relating to construction law and practice.

The Society is an “extra-curricular activity” of volunteers who are busy practitioners. Thankfully, with active guidance from a dedicated and enthusiastic council and support from an able secretariat, the Society has evolved steadily since its inception in 2002, with now about 150 members and an array of educational and social events. Those who have yet to do so might want to foray into our website at www.scl.org.sg for archives of facts, details and photographs of our events.

Pursuant to the meetings of the various SCLs in Singapore during the International Conference in October 2006, the SCL in England has recently been in contact with us and other SCLs (including the recently formed new addition in Mauritius). One of the initiatives by the SCL in England has been to simplify and standardize the SCL logo to be used by SCLs around the world, and accompanied by the name of the respective country, so that SCLs around the world can have a solid identity that we can all share. The new standardized logo appears on the masthead of this newsletter.

The next International SCL Conference is being organized by the SCL in England to take place in London in October 2008. It will be a good idea to mark this event in your calendars, as the SCL there is planning an event along the size and quality of our memorable international conference in Singapore in 2006.

The Society’s plans for 2008 include a joint conference with the NUS School of Building and the Environment, in addition to our annual joint conference with the Law Society; seminars, including some to be held in conjunction with the respective reports issued by the three Working Groups on contracts, costs and codes; as well as a couple of networking events for members.

On behalf of the Council, I wish all members a great and vibrant year ahead, success in their work and endeavours, as well as time to relax and enjoy the fruits of their labours.

Best wishes,
Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

[Read more]

If your work is directly or indirectly connected with the construction industry and the law relating to it and you have a serious and active interest in construction law, why not consider being a member of the Society of Construction Law (Singapore)?

More about the benefits of SCL membership here...

Just complete our Part Membership for 2009 and send it in with payment to:

Secretariat, Society of Construction Law (Singapore)
3 Raffles Place
#07-01 Bharat Building
Singapore 048617

Tel: 31273797
(VOIP no., no 6 prefix required)
Fax: +65 63299699
E-mail: membership@scl.org.sg

We welcome feedback and contributions from members via e-mail at feedback@scl.org.sg.