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Seminar Papers & Presentations

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

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) members,

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

A Comparative Overview: (1) Institutional Arbitration (2) Liquidated Damages – 20 November 2008

SCL (Singapore) is pleased to present this evening seminar featuring two speakers from Keating Chambers on the following topics:

Part 1 - Institutional arbitration: a comparative overview:

• Why use an arbitral institution at all?
• Types of Institutional Rules
• The UNCITRAL Rules
• LCIA Rules
• ICC Rules
• Seat, location and language of the arbitration
• Powers of the Tribunal

Part 2 - Liquidated damages: a comparative overview:

• Introduction
• English law & the question of penalties
• The experience in other common law jurisdictions: Australia, New Zealand, Hong Kong & Singapore
• Does an unenforceable LAD provision nevertheless impose a ‘cap’ of recovery of general damages?
• Conclusion

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 13 November 2008!

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

As sister Common Law jurisdictions, New Zealand and Singapore can learn from each other. Reference to decisions in the other jurisdiction is common in the judgments of the courts of both countries.

In this paper Tómas Kennedy-Grant, QC, author of “Construction Law in New Zealand” and co-author of “A guide to the Construction Contracts Act” and a member of The Arbitration Chambers Singapore, will talk about recent New Zealand decisions in the field of construction law and will provide a review of the decisions on the Construction Contracts Act 2002, the New Zealand equivalent of Singapore’s Building and Construction Industry Security of Payment Act (Cap 30B).

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 13 October 2008!

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

International Entry Course (IEC) – 24 to 25 October 2008

SIArb will be conducting its International Entry Course (IEC) on 24 (Fri) and 25 October (Sat) 2008 from 9am to 5pm on both days. This course comprises 4 modules with each covering a particular segment of arbitration law and practice. A participant may apply to participate in the modules of their choice, although only successful completion of all the course modules and oral assessments will lead to eligibility to membership as Member of SIArb (subject to other admission requirements).

For details or to register, please contact the SIArb Secretariat at 6332 5132 or siarb@siarb.org.sg.

SCL International Conference – 5 to 7 October 2008

The UK Society of Construction Law is delighted to host the second biennial International Construction Law Conference in London in October 2008.

This major two day conference, to be held between 5th and 7th October 2008, will create the opportunity for construction lawyers and professionals from all over the world to meet professionally and socially in London in order to exchange ideas on issues of interest and importance to the industry worldwide.

To assist this exchange of ideas, a distinguished line up of speakers from around the world has been assembled to lead discussion on a range of topics of current importance. Speakers include lawyers, industry professionals, expert witnesses, arbitrators, adjudicators, mediators, and academics from Europe, the Middle East, the Far East, Australia, New Zealand and America.

The Conference days will be opened by Lord Justice Anthony May and Mr Justice Vivian Ramsey, both distinguished construction lawyers and now leading members of the English judiciary. Other distinguished judges involved in the conference proceedings include Sir Philip Otton (formerly a Lord Justice of Appeal), Mr Justice Jackson and His Honour Humphrey LLoyd QC.

To register or for more details, please visit the conference website.

SCL AGM 2008 & Pre-AGM Talk

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.

Here are some photos taken at the event:

SISV Seminar on "Practical Approach towards Adjudication" by Joseph Liow – 15 August 2008 @ 2-5pm

Topics to be covered:

• The Rationale for Adjudication & review of the procedure in relation to Construction Contracts and Supply Contracts
• Jurisdictional and legal issues raised in reported adjudication and court cases
• Formal requirements of the Payment Claim, the Payment Response, the Notice of Intention to Adjudicate, the Payment Claim and the Payment Response

More details in the brochure.

Please contact SISV Secretariat, Judy Poh directly at 6222 3030 or judy@sisv.org.sg.

Lighthouse Club Get-Together at Harry's Bar, Orchard Towers – 7 August 2008 @ 7pm

As usual there will be Happy Hour prices all evening and free finger food supplied courtesy of the Management of Harry's Bar. This month, for paid up Lighthouse Club members only, free beer will also be available, kindly donated by Messrs BCS-Prokon Contractors.

Please contact Anthony Clifford of Lighthouse Club Singapore directly at Anthony.Clifford@ch2m.com.

SCL Pre-AGM Talk: "25 Years of Unforeseen Conditions in Singapore" – 28 August 2008

25 years ago, construction of Singapore’s MRT system commenced using a modified FIDIC Form of Contract. This was the first time that the concept of “conditions which could not reasonably have been foreseen” became widely debated in the local construction industry. It was also, very nearly, 25 years ago that the Speaker arrived in Singapore.

The initial enthusiasm for “Clause 12 claims” has subsided and many contractors are now deeply sceptical about the prospects of demonstrating that adverse conditions could not have been reasonably foreseen.

Using actual examples from the past 25 years, the Speaker will explain the principles and common pitfalls in the context of adverse conditions frequently encountered in Singapore.

After the presentation, we will convene the AGM for voting members only.

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 14 August 2008!

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

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:

4th Annual Joint SCL-Law Society Law Conference – 31 July 2008

The annual Society of Construction Law (Singapore) & Law Society of Singapore Joint Construction Law Conference is now into its fourth year. The high turnout of participants at past conferences, as well as the ability to attract distinguished professionals in their relevant field of construction to speak or chair modules at the event, attest to the success of this annual collaborative event.

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.

Attend the full-day Conference or select either the Morning or Afternoon Modules:

More details in the brochure.

To register, please complete and send us the registration form with cheque payment to the SCL (Singapore) Secretariat by 21 July 2008!

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

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)

Contracts including construction contracts have traditionally been drafted in legalese – difficult and often archaic language that parties to the contract often do not understand. It is however particularly important for construction contracts to be drafted in language that the parties to the contract and the party who administers the contract truly understands. This is because these contract administrators are technically qualified in construction related areas but not usually legally qualified.

There have been major developments over many years in more developed countries on modernising legal drafting. The benefits of modern plain language drafting in saving cost, saving time, and avoiding ambiguity have been well recorded. At the same time judges have been highly critical of construction contracts as being obscure and ambiguous – resulting in unwarranted disputes.

This international conference will call on international experts to share their views about how modern legal drafting can benefit the government and society in general and the construction industry in particular. Malaysian case studies on modernising construction contracts drafting will be included as illustrations.

FOR ENQUIRIES AND REGISTRATION, please contact Mohammad Farris (tel: 26170345, email: farris@cidb.gov.my) Farah Fazini (tel: 26170298, email: farah@cidb.gov.my) or Noridah (tel: 26170351, email: noridah@cidb.gov.my).

Inaugural SCLHK Prize

The Society of Construction Law Hong Kong has recently introduced a paper writing competition for professionals with an interest in construction law and invites entries on a worldwide basis as long as the entry is relevant to the Hong Kong construction industry.

The closing date for this year’s entries is 30th June 2008. For more details, please refer to the information sheet.

Invitation to IAMA Conference "ADR: The Boom and Beyond" (11-13 April 08, Fremantle, Western Australia)

The Institute of Arbitrators and Mediators (Australia) has kindly extended an invitation to SCL Singapore members to attend the above Conference at preferential rates (AUD595 for early bird registrations before 7 Mar 08 and AUD705 thereafter).

Please refer to the brochure for more details or visit their website at www.iama2008.org.

For enquiries and registrations, please contact the IAMA representative Alex Durning directly at Tel: +61 (0)7 3025 3212, Mob: +61 (0) 439 924 270 or email: Alex.Durning@trett.com.

Post-event update on Joint SCL (Singapore)-Lighthouse Club Get-Together

SCL (Singapore) had a joint social and networking evening with the Lighthouse Club (Singapore) in the evening of 21 Feb 2008 at the Penny Black at Boat Quay. The get-together, held over drinks and food, gave members of both societies and their guests a wonderful opportunity to meet each other, and to learn of the objectives and activities of the respective societies.The Lighthouse Club promotes fellowship and co-operation amongst its members, and also maintains a Benevolent Fund to provide financial assistance to victims of accident or illness in the construction industry. At the event, amongst other things, the leaders of both societies invited attendees to join the respective societies and discussed future joint events.

SCL (Singapore) is pleased to invite members to its inaugural get-together with Lighthouse Club members on 21 Feb 2008 (from 7pm) at Penny Black in Boat Quay.

Members are welcome to bring guests. It will be a good opportunity to meet and network with fellow practitioners in the construction industry.

Finger food will be provided. Drinks at Happy Hour prices all evening will be available at the bar on your own account.

We have exclusive use of the upstairs lounge for the evening.

We look forward to seeing you there!

Seminar on "Programming in Construction" – 21 May 2008

The Society of Construction Law (Singapore) is pleased to present an afternoon talk by Mr. Anthony Clifford on “Programming in Construction”.

In construction, as in almost every other venture or project, programmes are used to form the framework upon which projects are planned, executed and controlled. They are prepared in a variety of ways and formats depending on the nature of the aspect of a project which is the subject of the programme. Different programme styles and formats are required to serve the different objectives a programme is intended to control. It is a fact that delays to the completion of a project, or delays to the intermediate handover of parts of a project, often give rise to claims that have among the highest monetary values. This seminar will:

1. review the types, styles and formats of these programmes and identify the purposes and individual limitations of each
2. create a greater understanding of the means by which each type of programme in the construction industry is formulated, to explain the thinking, considerations and decisions that are needed in their preparation and to identify the persons that need to be involved in these processes.
3. demonstrate how methods can determine the route of a critical path and how this path can be changed and elements of it modified or eliminated from criticality.
4. review the common clauses related to programming in construction contract documents and their effectiveness, usefulness and practical applicability in administering a contract
5. discuss the consequences and limitations of programme approval and comment on how the extent of such approvals should be limited by the experience and qualifications of those issuing these approvals
6. deal with the reasons and necessity for modifying a programme and the rights of a contractor to so do
7. consider in detail the means by which the contract programme should be used to monitor progress on a project and how the analysis of this monitoring should be used when adjudicating claims for extensions of time
8. deal with the question of “Who owns Float?“ with suggestions as to how this controversial question can be dealt with in a manner that is fair to all parties.

Click here for more details or to register.

Dear Members,

The Society of Construction Law, since its inception 5 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.

Considering that the Society as an “extra-curricular activity” by volunteers who are busy practitioners, thankfully with administrative support from an able secretariat, the Society has evolved steadily since its inception in 2002, with now about 156 members and a collection of regular educational and social events throughout the years. For those yet to do so, you 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. [Read more]

Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

Invitation to SIArb seminar on “Handling Construction Acceleration Claims In Arbitration” (16 January 2008)

Acceleration issues are amongst the most complex problems facing the construction industry. They present legal, technical and practical difficulties which can impact significantly on the risks and cost profile of a project. The subject raises a number of important issues – instructed acceleration versus constructive acceleration; what constitutes true constructive acceleration; the practical situations in which acceleration issues arise and the dilemmas they present; whether the Singapore standard form contracts provide any assistance; the conceptual and practical overlap between constructive acceleration and mitigation; the approach and analysis of the case law and the technical aspects of demonstrating and proving the effect of acceleration. In this seminar, we draw on the experience of two distinguished speakers who will discuss these and other aspects of this intriguing subject.

SIArb has extended preferential rates to SCL Singapore members to this seminar. Please refer to the brochure here for details. To register, please contact SIArb directly at Tel. 65 6323 1276 or siarb@siarb.org.sg.

Post-event update on "The Use of Advanced Forensic Animations in the Resolution of Complex Disruption Claims"

The 29th November 2007 saw members of the Society at the Singapore Mediation Centre attending what surely must have been one of the Society’s more unusual talks. This was on the use of advanced forensic animations in the resolution of complex disruption claims by Keith Pickavance.

The proposition was that computer animations could be used to simulate the as-built sequence of events and compared with the planned work sequence. This is particularly relevant to projects characterized by a very large number of activities. Mr Pickavance demonstrated this with a project on which this exercise had been carried out. The resultant animation, which appears as a sort of large series of snapshots of the project, the whole presented in fast forward mode, provides for immediate comprehension of a complex scenario.

Enlightening as such animations might be, cautions were sounded in terms of their value as evidence. The courts have been slow to accept such animations as evidence and feedback from the audience suggested that arbitrators might share this caution. There were those who said they had employed such techniques but only by way of introducing their arguments, not as primary evidence. Nevertheless, the possibilities presented were intriguing with obvious possibilities of practical applications.

Here are some photos taken at the event:

Post-event Update on "Dispute Resolution in the Energy Sector" – 19 October 2007

The Society of Construction Law (Singapore) was pleased to present an afternoon of presentations by Dr. Robert Gaitskell Q.C. and Simon Hughes of Keating Chambers on “Dispute Resolution in the Energy Sector” and "Some Lessons from FIDIC" respectively.

Topics covered included multi-layered disputes clauses using a variety of techniques, including negotiation, mediation, adjudication, expert determination and dispute boards, besides arbitration as an ultimate fall-back.

The seminar, held at the scenic Supreme Court viewing gallery, attracted about 90 members and guests, and the seminar package included copies of Dr. Gaitskell's 94-page paper on the subject. During the seminar, Dr. Gaitskell kindly presented to the Chairman, Naresh Mahtani, for the SCL's library, a gift copy of "Engineers' Dispute Reolution Handbook", which is written by a specialist team of authors from Keating Chambers and editted by Dr. Gaitskell. (Members are welcome to borrow the book by calling or emailing the Chairman).

Here are some photos taken at the event:

Seminar on "The Use of Advanced Forensic Animations in the Resolution of Complex Disruption Claims" – 29 November 2007

The Society of Construction Law (Singapore) is pleased to present an afternoon talk by Mr. Keith Pickavance of Hill International on “The Use of Advanced Forensic Animations in the Resolution of Complex Disruption Claims”.

The use of electronically produced evidence is a relatively new development in dispute resolution. Little case law is available to support its admissibility, but recent US developments and the Bloody Sunday enquiry in the UK have helped to provide a background into how and when electronically produced exhibits may be admitted as evidence.

The aim of using advanced computer animation is to help in the interpretation, communication and understanding of complex factual scenarios. The animations can be compiled into auto-run or interactive stand alone presentations, integrated into powerpoint presentations and high-resolution still images can also be exported to enhance the visual contents of reports.

This paper, which was first given at the inaugural meeting of the 4-Counties branch of the SCL in England, in March 2007, will explore what can be achieved by the use of 3D and 4D animations in the proof of causation in complex delay and disruption scenarios.

Click here for more details or to register.

Dear Members,

The past 12 months have been a very busy year for the Society. I would like to thank the enthusiastic Members and the Committee, as well as the efficient Secretariat for their support and hard work.

SCL Secretariat

To assist the honorary Management Committee in organizing the increasing number of SCL events, the Management Committee has appointed Intellitrain Pte Ltd under an on-going professional services and management contract to serve as SCL’s secretariat. Note the SCL’s secretariat address and contact numbers here.

Membership

There were 147 members of the Society, as at August 2007, and the Committee’s aim is to increase membership to 200 members by 2008. [Read more]

Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

Seminar on "Dispute Resolution in the Energy Sector" – 19 October 2007

The Society of Construction Law (Singapore) is pleased to present an afternoon talk by Dr. Robert Gaitskell Q.C. of Keating Chambers on “Dispute Resolution in the Energy Sector”.

Since the cost of litigation and arbitration has become prohibitive, parties have moved towards sophisticated strategies for resolving their disputes in the most cost effective manner. The starting point is at the time of contract drafting. Agreements should include a multi-layered disputes clause that uses a variety of techniques, including negotiation, mediation, adjudication, expert determination and dispute boards, besides arbitration as an ultimate fall-back. Each of these, in various combinations, can offer a route out of the dispute. Dr. Robert Gaitskell, Q.C. of Keating Chambers, Chartered Engineer and formerly engaged in oil rig and power station design, surveys the spectrum of energy disputes facing parties and suggests how to plan ahead to avoid wasting costs and alienating trading partners.

Issues covered include:

1. Introduction - The Energy Sector
2. Avoiding Disputes
3. Disputes - Strategies Available
4. Arbitration
5. Mediation
6. Adjudication
7. Dispute Boards
8. Expert Determination

The talk will conclude with a discussion on FIDIC contracts by Simon Hughes. Click here for more details or to register.

Annual General Meeting 2007 – 24 August 2007

The Society's Annual General Meeting was held at M Hotel from 6.30pm to 7.05pm, following its seminar on "Challenges in the Implementation of an Extension of Time (EOT) in Singapore", which was attended by some 90 participants. It was attended by 30 members from across the construction industry. Members were feted to wine and food, as is traditional for the SCL's events, and it was an excellent opportunity for members to catch up and be posted on events, plans and Society news.

Post-event Update on "3rd Annual Construction Law Conference" – 17 July 2007

The 3rd Annual Construction Law Conference, presented jointly by the Law Society of Singapore and the Society of Construction Law Singapore (“SCL”) in July 2007 was a full-day event to summarize and discuss some recent developments in construction and current issues affecting the construction industry.

In his welcome address, Philip Jeyaratnam SC, President of the Law Society of Singapore, envisioned that multi-disciplianry practices will play an increasing role in dispute resolution in the construction industry. This was concurred by Naresh Mahtani, Chairman of the SCL, who in his presentation encouraged a more effective use of specialist technical experts to keep in control the costs of resolving disputes.

The conference proceedings were divided into four key areas. The first session by Naresh Mahtani, Christopher Nunns and Mohan Pillay dealt with three current construction issues, namely, a review of standard form contracts with a view to the minimization of disputes, measures to reduce the cost of dispute resolution and the possibility of a code of conduct for consultants advising on contentious matters. These were all aspects highlighted by the Attorney General in his key-note address at the International Conference in 2006, and which the SCL has taken on board with the formation of three current working committees on these issues.

In the second session, led by David Haslam, there were presentations, made by Stephen Rae, Paul Wong and Michael Hwang SC, on the question of the handling of technical evidence seen from the perspectives, respectively, of the expert witness, the legal practitioner and the tribunal.

After a delectable buffet lunch, the afternoon session chaired by Ho Chien Mien, with presentations by Choy Chee Yean and Chow Kok Fong, , reviewed some the recent cases affecting the construction industry, on topics such as expert determination and the experience with adjudications in Singapore.

The final session of the day got down to the brass tacks of the Workplace Safety and Health Act 2006. The session was prefaced by a topical comic movie compiled by the session chair Anil Changaroth (as he said, to keep participants alert in the late-afternoon closing session of the day!). Tan Liam Beng provided an overview of the key points of the Act and the the first cases under the Act. Chris Vickery closed with a discussion of the practicalities of the risk management process, including some data garnered from a case study.

Invitation to Members to Join the Publications Sub-Committee

Dear Member,

SCL (Singapore) has formed a Publications Sub-Committee to assist in the work relating to its website www.scl.org.sg (set up in June 2006) and newsletter (past issues available at http://www.scl.org.sg/pubs.php). We invite members to join the Sub-Committee to contribute your ideas and recommendations, and to generally assist in the work of the Society.

Members who are interested in joining this Sub-committee are invited to email us with your name and current contact details (organization, email address and telephone number). If you are unable to join this Sub-committee but have views regarding the SCL website or newsletter, please feel free to also email us.

SCL (Singapore) Management Committee

Members of the Society of Construction Law (Singapore) are invited to attend the International Entry Course 2007jointly organised by Singapore Institute of Arbitrators and Chartered Institute of Arbitrators.

Applications are invited from suitably qualified professional persons for the International Entry Course. Candidates who pass the Course may, subject to satisfying other relevant criteria, qualify for admission as a Member of the Singapore Institute of Arbitrators; and, Associate Member of the Chartered Institute of Arbitrators, United Kingdom.

The Course will cover subjects including Arbitration Agreements, Appointment of Arbitrators, Preliminary Meetings, Pleadings, Powers and Jurisdiction of Arbitrators, Arbitration Procedure, Awards, Costs, International Arbitrations. It will conclude with a Written Examination on the following Saturday, 25 August 2007.

Click here for more details or to register.

Construction projects frequently suffer from delays and are completed later than agreed by the contracting parties. Substantial financial claims can arise from these circumstances which invariably results in employers, contractors and subcontractors often arguing about the causes of and liability for the delayed circumstances. The Society of Construction Law (UK) has developed a delay and disruption protocol with the aim to provide a means by which contracting parties can resolve such matters and avoid unnecessary disputes.

This seminar examines some of the common issues of contention when assessing delay, with cross reference to the practical guidelines offered by the SCL (UK), concluding with discussion on the challenges faced in its potential implementation here in Singapore.

Click here for more details or to register.

Inaugural Regional Arbitral Institutes Conference (12-13 Jul 2007)

Dear Colleagues,

Singapore Institute of Arbitrators has extended an invitation to members of the Society of Construction Law (Singapore) to attend the Inaugural Regional Arbitral Institutes Conference which it will be hosting corresponding arbitral institutes in the region, namely the Malaysian Institute of Arbitrators (MIArb), Badan Arbitrase Nasional Indonesia (BANI), the Institute of Arbitrators & Mediators Australia (IAMA) and the Hong Kong Institute of Arbitrators (HKIArb).

The Conference programme features Judge of Appeal Justice VK Rajah as Keynote Speaker, as well as a host of speakers from the participating jurisdictions on current topics relating to arbitration, and will be an important meeting point for arbitration practitioners in the region, as well as anyone interested in the vibrant dispute resolution industry in the region.

I encourage members of the Society of Construction Law (Singapore) who have an involvement or interest in arbitration law and practice to attend this Conference to benefit from the learning and networking opportunities.

Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

To register or for more details, please visit the Conference website at www.intellitrain.biz/SIArb or contact the Secretariat at 6557 2750.

3rd Annual Joint Law Society-Society of Construction Law Conference

For the 3rd time, the Law Society of Singapore and the Society of Construction Law (Singapore) are proud to present this collaborative feature in the annual calendar of the construction industry, with the aim of promoting an exchange of perspectives and experiences between the various industry stakeholders.

This MUST-ATTEND Conference brings together well-known practitioners in construction law and practice for a discussion on recent developments and current issues affecting the construction industry, as well as in-depth sessions on handling technical evidence and workplace safety and health. Attend the full-day Conference or select one of 2 Modules:

Morning Module

Afternoon Module

SCL members enjoy preferential rates. Click here for more details or to register.

For enquiries, please contact the Law Society’s Training & CPD Department at 6557 2747 or e-mail cpd@lawsoc.org.sg.

Post-event Update on "Networking Cocktail" – 15 May 2007

About 57 members and guests turned up the Society's annual social Cocktail held in the evening of 15 May 2007.

Amidst the panoramic views and lovely weather at the balcony of the Bacchus Boathouse, and with food and wine, members and guests had the opportunity to catch up and network with each other, as well as discuss current affairs in the construction industry. Here are some photos from the event.

Invitation to Members to Participate in 3 SCL Working Groups on (1) 'Review of Standard Forms of Contract' (2) 'Costs of Dispute Resolution' (3) 'Code of Practice'

Dear SCL Member,

The Attorney-General (AG) in his key-note address at the Society of Construction Law (Singapore)'s International Conference held on 15-17 Oct 2006, had invited the Society to look into certain concerns he highlighted regarding the construction industry.

The Society had late last year set up a Steering Committee, chaired by council member Mohan Pillay, to consider the AG's speech in detail and to make recommendations on the way forward to study these concerns and related issues, which are indeed matters of current interest to our members and the construction law industry in general.

Pursuant to the Steering Committee's recommendations, the Society has constituted the following 3 Working Groups and adopted their respective Terms of Reference as follows:

The SCL Committee wishes to invite members to join any of the Working Groups, to contribute your ideas and recommendations, and to generally assist in the work of these sub-committees.

All members are also welcome to provide any feedback or information to the Society or any of the Working Groups in relation to any of the above or related subjects.

If you are interested in joining any of the Working Groups, please email the SCL Secretariat at secretariat@scl.org.sg to indicate which Working Group you wish to participate in. In order that the Working Groups can commence work on their respective subjects soon, we look forward to your early responses.

Yours faithfully,

Naresh Mahtani – Chairman, SCL Singapore
Mohan Pillay – Chairman, Steering Committee on Construction Issues

Post-event Update on "In Search of the Perfect Expert Witness" by speakers from The Academy of Experts – 21 March 2007

On 21 March 2007, our recently concluded talk entitled "In Search of the Perfect Expert Witness" attracted more than 100 registrations.

For further updates on what Michael Cohen and Roger Trett shared with the delegates who attended, watch this space!

Cocktail Evening
15 May 2007, The Fullerton Waterboat House

A brief address will be made by our Chairman, Mr. Naresh Mahtani, outlining the plans for the Society for the year 2007-2008.

The main aim is for this to be an informal social gathering providing an opportunity to mingle with fellow members, their guests, non-members from the construction industry, as well as to meet the SCL Committee.

We look forward to seeing you & your guests. Register now!

The SCL International Construction Conference 2006

The International Conference held on 15 to 17 October 2006, was an overwhelming success, as commented by many of you, the speakers and delegates who attended the Conference, and as testified in the feedback forms.

Since the Conference last year, SCL Singapore has received many queries in relation to the papers presented at the Conference. We are now pleased to make copies of the papers and presentation slides of our distinguished speakers presented at the Conference available on our website. To view/download, please click here.

Regional Arbitration Conference
22-23 June 2007, Renaissance Hotel, Kuala Lumpur

The Malaysian Institute of Arbitrators is organising a two-day Regional Arbitration Conference which will be held at the Renaissance Hotel, Kuala Lumpur from 22-23 June 2007.

The theme of the Conference is "Towards An Effective Arbitration Centre - Regional Initiatives and Development", as the Conference aims to provide an insight into the development of general arbitration practice in the region, as well as a forum in which issues encountered by members of the legal and business communities may be raised and discussed. SCL Members enjoy a discounted registration rate of RM 900.

For more information, contact miarb.conference@gmail.com or download the conference brochure here.

Construction Law Update 2007
25 April 2007, 3.00-6.00pm, FTSE Room

DO not miss this timely Seminar by the Law Society of Singapore, which will provide legal and construction industry professionals and in-house counsel working in the Singapore construction industry with an update and review of the recent case law developments, with a special focus on professional negligence issues.

The Case Law Updates section will examine a number of important 2006 Singapore decisions including:

• Jet Holdings v Cooper Cameron [2006] 3 SLR 769 (CA)
• Panwah Steel v Koh Bros. [2006] 4 SLR 571 (CA)
• Econ Piling v Aviva [2006] 4 SLR 501 (CA)
• Sunny Metal v Ng Khim Ming [2006] SGHC 222 (HG)
• Spandeck Engineering v DSTA [2006] SGHC 229 (HG)

Then, in the session on “Professional Negligence Issues”, gain a comprehensive update of developments in:

• Joint and several liability
• Economic loss and defective buildings
• Claims by contractors in tort against consultants
• Independent contractors
• Standard of care
• Duty to warn

SCL Members have been extended preferential rates of $126 to this half-day seminar. So register early to book your place!

Post-event Update on "NEC3: The Construction Contract of the Future" by Nicholas Gould – 8 February 2007

The New Engineering Contract, since its first publication in 1993, has been increasingly used in projects in the UK, such as in the contract for the Channel Tunnel Rail Link.

The third edition (“NEC3”), published in July 2005, is the standard form in use in major projects such as Terminal 5 at London’s Heathrow Airport.

This new standard form was drafted from first principles without attempting to build upon prior existing standard forms.

The core principles in the NEC might be said to be flexibility, simplicity and clarity, coupled with the objective of effective management of projects.

On 8 February 2007, members of the SCL, Singapore and their guests were treated to an introduction to the key features of the NEC, in a talk entitled “NEC3: The Construction Contract Of The Future” by Nicholas Gould. Nicholas is the Chairman of the Society of Construction Law (UK). And amongst his many prominent roles in the construction industry, he is a visiting lecturer at the Kings College and NUS MSc. Construction Law programmes, and the writer of an award winning book “Dispute Resolution in the Construction Industry”.

We thank Nicholas for this kind permission to the SCL, Singapore, to publish his paper at our website, and you can refer to his written paper here.

In Search of the Perfect Expert Witness
26 Mar 2007, STI Auditorium, Capital Tower

The Society of Construction Law (Singapore) is pleased to invite you to an evening talk on “What Makes a Good Expert Witness in Construction Litigation and Arbitration?” presented by speakers from The Academy of Experts.

What makes a good expert witness? The answer will undoubtedly depend upon who is asking the question. Instructing solicitors’ ideas may not necessarily coincide with their client’s desire to win. Also in the equation are the requirements of the court or tribunal and even these vary in different jurisdictions. Of importance too is the need for cost effective dispute resolution.

Dispute Resolution whether by litigation, arbitration or ADR, cannot live in a vacuum. Singapore practices have to be competitive with its competitors. In this seminar, speakers from The Academy of Experts will present a review and possibly fresh ideas on this fascinating subject. What is ‘best practice’ when instructing your Expert? What about ethical dilemmas and conflicts? Could some of the UK high profile ‘suspect expert evidence’ problems occur in Singapore? These are a few of the questions that panelists will tackle.

For enquiries or to register, please contact either Yenny or June of the SCL Secretariat. Register now!

Dear Members,

Proposed International Federation of SCLs

The International Conference 2006 was indeed a useful gathering of representatives of equivalent SCLs and related organizations from the United Kingdom, Hong Kong, Malaysia, the United Arab Emirates, India and New Zealand. The representatives have met and are in communication to set up a proposed International Federation of Societies of Construction Law, with envisaged reciprocal benefits for members of the Federation societies, and we will keep Members informed of these developments as they take shape.

Events in 2007

The Management Committee met on 11 December 2006 to plan events for the year, including the following proposed projects:

In addition, we will be hosting other talks and events in the course of the year, and in this connection, we do invite all members to contact the management committee or the Secretariat if they have suggestions as to talks by visiting experts on any topic of construction law which is of current interest. [Read more]

Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

NEC3: The Construction Contract of the Future
8 Feb 2007, FTSE Room, Capital Tower

The Society of Construction Law (Singapore) is pleased to present an evening talk on the New Engineering Contract (now in its third edition) by Mr. Nicholas Gould, Chairman of The Society of Construction Law (UK) and a Partner in the specialist construction solicitors Fenwick Elliott LLP.

The NEC has become widely used and was the basis of the construction contract for Terminal 5 at London's Heathrow Airport. It is a major attempt to draft a simple and direct standard form contract from first principles without attempting to build upon the standards forms that already exist. Three core principles might be said to be flexibility, simplicity and clarity, and a stimulus for good management. One of the NEC’s most noticeable features has been its short direct clauses, and the simplicity of language is apparently to reduce the instance of disputes. A review by the drafting panel led to the launch, in June 2005, of NEC3. The speaker will explain the core principles of the NEC and review the core clauses as well as discuss the use of NEC in practice.

For enquiries, please contact either Yenny or June of the SCL Secretariat. Register now!

Check out our 2007 Event Calendar for some of the exciting talks and networking events we have lined up for you this year!

Highlights of Chairman's Latest Message

The International Construction Conference 2006

We are pleased that the International Conference held on 15 to 17 October 2006, was an overwhelming success, as commented by many of you, the speakers and delegates who attended the Conference, and as testified in the feedback forms.

We congratulate and thank the Organising Committee, chaired by Michael Hwang SC, and the event organiser, Intellitrain Pte Ltd, for putting together an interesting programme of current subjects with an impressive list of well-qualified speakers from around the world. We also thank all the speakers and chairs of the various sessions for putting together their well-researched papers and very engaging panel discussions, as well as all participants at the Conference.

The Conference was also a useful gathering, at the Conference itself and the enjoyable social events, of representatives of equivalent SCLs related organisations from the United Kingdom, Hong Kong, Malaysia, the United Arab Emirates, India and New Zealand. The representatives of these SCLs are in communication to set up a proposed International Federation of Societies of Construction Law, with envisaged reciprocal benefits for members of the Federation societies, and we will keep Members informed of these developments as they take shape.

In particular, we wish to record our profound appreciation to the Attorney-General of Singapore, the Honourable Mr. Chao Hick Tin, for gracing the Conference Opening and delivering his Key-Note Speech.

In his Key-Note address, the Attorney-General emphasised the importance of the construction industry to the national economy, and that construction law and legal services were an indispensable part of that industry. He congratulated the Society for organising the Conference and other activities relating to construction law.

The Attorney-General invited the Society to look into certain current concerns in the construction industry – such as drawing up and re-looking at standard contracts so that they are clear, adequate, beneficial to the parties and reduce the number of disputes; standards of conduct and practice claims consultants and professionals in the industry; and reducing legal costs.

Steering Sub-committee

The Society has taken up the Attorney-General’s suggestions and invitation to form a working party on these concerns and has already started with a brainstorming discussion at its recent Management Committee meeting, at which we appointed a Steering Committee, chaired by Mohan Pillay, which will look into terms of reference for the proposed “Working Committee” to look into the matters and suggest reforms in relation to the matters commented by the Attorney-General, as well as other related matters of concern to the construction law industry.

In addition, we will be following up with the Attorney-General’s Chambers on this subject, and will keep Members informed of the formation of the Working Committee, and will be asking for your views and suggestions on the relevant subjects at that stage. [Read more]

Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

The Management Committee and I wish to thank members of the Society for the opportunity to serve the Society, following the election at the Annual General Meeting held on 28 August 2006, to continue with the great work that has been developed and implemented since the founding of the Society in 2002.

It gives me great pleasure to introduce the members of the Management Committee for the term 2006-2008.

I ask the Committee and Members to work together happily and enthusiastically, as we have over the past few years, to ensure that every event or project we organize is a success for the Society and to always bear in mind the objective of the of Society - which is to promote the education, study and research in the field of construction law for the benefit of the public and the construction industry... [read more]

Naresh Mahtani
Chairman, Society of Construction Law (Singapore)

The Management Committee and I wish to thank members of the Society for the opportunity to serve the Society, following the election at the Annual General Meeting held on 28 August 2006, to continue with the great work that has been developed and implemented since the founding of the Society in 2002... [read more]

JTC Alumni is organising a Conference on Challenges in the planning design & installation of underground infra-structural services in Singapore on 14 July 2006 at JTC Summit. The Conference aims to explore ways to improve interfacing, integration and co-ordination of proposed underground infra-structural development work in our country as well as to promote and create an awareness to users, developers, contractors, architects and engineers of various public agencies’ different requirements and compliance issues, with the ultimate aim of enhancing quality, public convenience and public safety. Papers will be presented by the various infra-structural services public agencies and building authorities.

For more information, please contact the Conference Secretariat at 6227 0306 or download Conference brochure here.

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

The first three months of 2006 has seen a marked increased in the level of orders in the construction industry. While many of the new orders derive from the revitalized residential section, and in particular, the construction of high-end homes, other sectors have contributed to the sense of activity felt across the industry. Notable among these are, firstly, the large commercial projects such as Orchard Turn and, of course, the Integrated Resorts and, secondly, the considerable streams of orders from abroad. One local contractor, for example, secured a $1.8 billion contract in one of the Gulf states while at least three Singapore architectural firms are now involved in the largest construction malls ever developed in that part of the world... [read more]

I want to welcome you to the Society’s webpage. With its inauguration, we now have a valuable platform for canvassing our views on the impending developments affecting the construction industry and publicizing the Society’s calendar of events. I invite you to browse the site, post your views with the editor of the webpage and take a look at our calendar of events. Among these events are several joint workshops and seminars with the Law Society, the Lighthouse Club and other organizations... [read more]