April 2020 • Issue No. 45
 

Upcoming Events

Date Title
6 May 2020 WEBINAR: Construction in Singapore Beyond COVID-19: A View from SCL(S) Council Members
14 May 2020 An Exchange with Infrastructure Asia: Accelerating Regional Infrastructure Development
22 July 2020 Architect's Duties - Expectations vs Reality
30 September 2020 SAVE THE DATE! Annual Construction Law Conference 2020

 

View details of
SCL(S) Council 2018-2020


 Click here


Welcome to new SCL(S) Members

February to March 2020
 
1. Sam Boyling
2. Alyssa Leong
3. Joan Lim-Casanova
4. Asfian Mohaimi


Post Event Updates

Annual Construction Law Update 2020

(22 January 2020)



 


Practical Applications and Legal Implications of Drone Technology in Construction Projects

(20 November 2019)



 


The SIDP – Customising the Mode of Dispute Resolution for Each Dispute

(30 October 2019)



 


Immediate Past Chairman's Message


Dear fellow SCL members,

It is almost two years since I stepped down from the role of Chairman of the SCL(S) meaning that my terms as the Immediate Past Chairman of SCL(S) is also close to expiration. I suspect I will soon re-join the ranks of ordinary membership and look forward to contributing to the Society in a different way.

The Society has benefited from a period of strength in recent years; strength in membership and strength in impact. This strength derives from the contribution all of us make towards the objectives of the Society, whether as a leader or participant in our activities. The consistency of our contribution is what breeds sustainability in the Society and sustainability is what sees us through the ups and downs in global fortunes.

Unfortunately, we are now suffering one of those downs with COVID-19 affecting multiple countries and regions. Controls in the movement of persons resulting from preventative measures focussing on limiting the spread of the virus has a particularly acute impact on the construction industry which traditionally mobilises large quantities of labour.

 


Alex Wong
Immediate Past Chairman, SCL (Singapore)


Announcement(s)

2020 Essay Competition

Papers are now invited for the 2020 SCLS Prize.

The Society of Construction Law Singapore (SCLS) is delighted to announce the launch of the Biennial SCLS Essay Competition 2020.

The following prizes will be offered for winning papers in 2020:

                            First Prize – SGD 2,000

                        Runner Up Prize – SGD 500

The winners shall be invited to receive their prize at an SCLS event.

Previous winners (2018) were 1st Prize: Mr. Nguyen Sinh Vuong and Runner-up: Ms Brenda Khoo, both of SMU.

Entries will only be accepted from students aged 28 and below enrolled in universities or other tertiary institutions in Singapore as of the final date for receiving submissions.

Deadline for submissions: 4pm, 31 August 2020.


More details are available HERE.

Articles

Coronavirus as a contractual force majeure event: A simple checklist

Email overload on whether the new coronavirus, COVID-19, triggers a force majeure clause?

Whether you're considering a claim, worried about receiving one or busy drafting following the outbreak, here's our 10-point, jargon-free checklist on what to do:
  1. Check your contract's governing law
    • This note focuses on English law-governed contracts, where the actual words used in the contract are what ultimately matter. Some jurisdictions impose overriding force majeure-type provisions which apply no matter what the contract does or doesn't say.
  2. Find the force majeure clause
    • It could be buried somewhere unexpected or refer to "exceptions", "unforeseen events" or "acts of God" rather than force majeure.
Contributed by: Hogan Lovells LLP
First published in Hogan Lovells Publications on 16 March 2020.


From “Yam Seng” to Divorce: Navigating (in good faith) joint venture agreements in construction projects
 
Given the size, complexity and risk of large infrastructure projects, it is increasingly common for contractors, consultants, engineers, architects and even lawyers to pool resources together in a marriage of convenience. This article discusses developments of the good faith doctrine and what their impact on joint ventures.

Contributed by: Kelvin Teo, Chen Zhihui - Drew & Napier LLC


No further questions?
 
7 Tips for Safe-Distancing Your Arbitral Award from Pandemic Protestations
 
Once seen as a fallback for physical hearings, the new norm and inclination in these times is to conduct virtual hearings. This article is a topical but tongue in cheek discussion of 7 key questions to ask when attempting to "safe distance" an arbitral award from unenforceability.

Contributed by: Andrew Foo - Clifford Chance Asia



















 
Newsletter Editors: Ashok Rai & Kelvin Teo 

Society of Construction Law (Singapore)

12 Eu Tong Sen Street, #08-169, SOHO 2, Clarke Quay Central, Singapore 059819 • Tel: +65-65512783 & Fax: +65-6225 9426
www.scl.org.sg

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