December 2021 • Issue No. 55

Upcoming Events

Date Title
27 Jan 2022
Annual Construction
Law Update 2022

15, 17, 22 & 24
Feb 2022
Construction Law 101 (12th Run)

View details of
SCL(S) Council 2020-2022

 Click here

Welcome to new SCL(S) Members

October 2021 to December 2021
1. Lorraine Gillespie
2. Desmoulins Billy
3. Andrei Soltan
4. Yong Hui Loh

Post Event Updates

SCL(S) Annual Construction Law Conference 2021: HOPE AND FEARS - the Built Environment in the Next Decade 

(23 September 2021)


WEBINAR: Intellectual Property in Construction - From Tender to Termination

(31 August 2021)


SCL Singapore Annual General Meeting 2021

(24 August 2021)


WEBINAR: Limitation Periods in Construction Disputes - An International Perspective

(28 July 2021)


Lighthouse Club (Singapore) - Society of Construction Law (Singapore) Joint Virtual Trivia Night 

(17 June 2021)


WEBINAR: The Law of Construction
Insurance: A Primer 

(19 May 2021)


Treasurer’s Message - December 2021

Dear SCL(S) members,

It is with great pleasure that I get this opportunity to welcome you all to the 55th edition of the SCL(S) Newsletter.

As we approach the end of the year, and many of us are looking forward to international borders opening up for tourism and business travel, our council has been working hard in planning the SCL(S) 2022 calendar.  For those that are not aware, 2022 will be significant for the SCL(S), as it will mark our 20th anniversary.  So please stay tuned for the many exciting events and endeavours that we have planned for next year.

In this edition of the newsletter, you will find an informative article contributed by Rob Palmer and Michael Weatherley from Ashurst, titled ‘The Top 5 Disputes on Renewable Energy Projects and How to Avoid or Manage Them’.  With an increasing amount of focus on climate change, we have witnessed a surge in the amount of investments being made into renewable energy projects.  Along with the introduction of new technologies, systems and solutions, a range of new issues also surface that have led to disputes arising.  Rob and Michael examine these issues and provide some useful insight on the management of these issues.

Mr Andrew Merrilees of Capital Consulting International (CCi), has contributed an article that looks into the evolution of the Quantity Surveyor and the duty of the expert to the Court.  Titled ‘On The Origin of Quantity Surveyor Species By Means of Natural Selection and Duty of the Expert to the Court’, it provides an historical account of the profession that I would imagine many of you would find interesting.

Since the last edition of the SCL(S) Newsletter, we held two very well attended webinars.  The first webinar was entitled ‘Experts – Managing Conflicts in Construction’ held on 14 October 2021, chaired by the Honourable Wayne Martin AC QC and featuring Mr John Battersby of BKAsia, Anneliese Day QC of Fountain Court Chambers and Mr Amit Garg of Secretariat.  

On 24 November 2021, the final SCL(S) webinar for 2021 was held.  Titled ‘Adverse Physical Conditions – What Should An Experienced Contractor Be Expected To Foresee?’, it featured Mr Paul Sandosham of Clifford Chance and Mr Christopher Nunns of Kroll.  I had the honour of moderating the session.  You will find a post-event update from Kishan Pillay below.

On behalf of the SCL(S) Council, thank you for your continued support and participation at our events.  We hope you enjoy this newsletter.

Trevor Lam
Treasurer, SCL (Singapore)


The Top 5 Disputes on Renewable Energy Projects and How to Avoid or Manage Them

The recent COP26 Climate Change Conference in Glasgow has reaffirmed that climate change is an urgent concern, decarbonisation of the energy industry is critical to addressing it, and electricity generation from renewable energy sources is one of the central pillars of any successful strategy to decarbonise.  In that context, investments will continue to surge across all forms of renewable energy, in both developed and developing economies, making this one of the most exciting and dynamic industries in which to work.

As with any fast moving-industry, there is significant opportunity but also significant legal and...

Contributed by: Rob Palmer and Michael Weatherley - Ashurst Singapore

On the Origin of Quantity Surveyor Species By Means of Natural Selection and Duty of the Expert to the Court 

Genesis of the Quantity Surveyor
An early reference to the origins of estimating is found in a quote from the NIV bible: -

“Suppose one of you wants to build a tower.  Won’t you first sit down and estimate the cost to see if you have enough money to complete it?” (Luke, 14:28)

The gestation of the quantity surveying profession occurred during the 19th century from what was regarded at that time as a measurer of works; a skilled tradesman who produced schedules for building projects and wherein all labour, materials and work activities were quantified to allow a level playing field for the tendering of buildings.
The earliest cited quantity surveyor was...

Contributed by: Andrew Merrilees - Capital Consulting International (CCi)

Latest Post Event Updates

WEBINAR: Adverse Physical Conditions – What should an experienced contractor be expected to foresee?

(24 November 2021)

On 24 November 2021, Paul Sandosham and Christopher Nunns took to the (virtual) stage to present a webinar on “Adverse Physical Conditions – What should an experienced contractor be expected to foresee?”

Over the course of two hours, the speakers related their insights, personal anecdotes and practical tips on the subject to an audience of over 120 attendees from the construction and legal fraternity.

The webinar ended with a lively Q&A session moderated by Trevor Lam, who bravely and ably handled the deluge of questions from the audience whose interest in the topic had clearly been piqued.

Contributed by: Kishan Pillay - TSMP Law Corporation, Singapore
WEBINAR: Experts - Managing Conflicts In Construction

(14 October 2021)

On 14 October more than 40 participants were privileged to hear a detailed analysis and discussion of the issues relating to conflicts of interest and experts engaged in construction disputes following the landmark decision of the English Court of Appeal in Secretariat v A Company [2021] ECWA Civ 6. Ms Anneliese Day QC of Fountain Court Chambers reviewed the decision at first instance and on appeal, and analysed the reasoning of the different members of the court. Amit Garg of Secretariat Singapore and John Battersby of BK Asia Pacific referred to the practical consequences of the decision from the perspective of construction experts. A lively Q and A session was moderated by the Chair, Wayne Martin AC QC of 39 Essex Chambers. It seems likely that there will be more developments to come in this important area.

Contributed by: The Honourable Wayne Martin AC QC

Newsletter Editors: Ashok Rai & Toh Chen Han

Society of Construction Law (Singapore)

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