February 2023 • Issue No. 62

Upcoming Events

Date Title
1 March 2023
Networking Cocktails 2023
21, 23, 28, 30
March 2023 

COURSE: Construction Law 101 (13th Run)

View details of
SCL(S) Council 2022-2024

 Click here

Welcome to new SCL(S) Members

January 2023 to February 2023
1. Alasdair Benjafield
2. Darrell Lee
3. Suet Lin Serene Low
4. Ban Hua Leow
5. Shaun Asok Kumar
6. Jeremy Aloysius
7. Kong Wen Koh
8. Sam Nason
9. Glen Bates
10. Sudharsanan Thillainathan
11. Don Tan
12. Zichen Ye
13. Soon Guan The
14. Ashley Thompson
15. Angela Mari Horden
16. Laure Lampre
17. Tomomi Murata
18. Mei Mei Leong
19. Rajiv Hariharan
20. Stephen Evans
21. Cheryl Lim
22. Vivienne Li
23. Oliver Le

Post Event Updates

SCL (Singapore) 3rd "Focus on Asia Conference" 2022: Construction Post Covid – Getting Back to Business?

(28 October 2022)


SCL Singapore Annual General Meeting 2022

(4 August 2022)


WEBINAR: SCL Singapore - A 20 Year Journey and Beyond: Strategic Leadership Dialogue with SCL Singapore Past Chairs - Session 1

(4 August 2022)


WEBINAR: SCL Singapore - A 20 Year Journey and Beyond: Strategic Leadership Dialogue with SCL Singapore Past Chairs - Session 2

(4 August 2022)


Co-Editor's Message - February 2023

Dear fellow SCL(S) members,
We hope that everyone had an enjoyable Lunar New Year and wish all of you the very best for the year ahead.
There is no better time for reflection than the start of a new year, and the highly anticipated Annual Construction Law Update was held on 31 January 2013 – with Mr Edwin Lee sharing recent legal developments in the past year in Singapore and with Mr Daniel Waldek providing updates on the latest case developments in the UK. A big thank you to all attendees, and speakers, for the highly successful and informative event.
The treatment of concurrent delays was an area that saw development in both Singapore and the UK in the past year. Following on with this theme, this newsletter is accompanied by an article on whether time means money in the event of concurrency, by Mr Ngo Wei Shing and Mr Liu Enning. Touching on the widespread embracement of the use of dispute boards in many jurisdictions to resolve disputes, Mr Lee Chau Ee, Ms Ashley Ang and Ms Ana Lameda query why not greater adoption in South East Asia in their article included below.
Our events calendar for the month of March provides opportunity for both leisure and learning. Our Networking Cocktails will be held at Savanh on 1 March 2023 and our flagship Construction Law 101 (13th Run) course kicks off from 21 March 2023. We look forward to seeing you at these highly anticipated events.
On behalf of the SCL(S) Council, thank you for your continued support and we hope you enjoy this newsletter.
Chan Yong Neng
Co-Editor, SCL (Singapore) Newsletter



Getting on Board: why not, if it is a Dispute Board?

Background to dispute boards

For the uninitiated, dispute boards involve an independent panel of individual(s) that assist parties to avoid or resolve disputes in a timely, cost efficient manner (without resorting to formal resolution methods like arbitration or litigation).

Experienced players in the construction industry would be no stranger to dispute boards which have been present since the 1960s.

Over the last few decades, dispute boards have gained wider international acceptance following...

Contributed by: Chau Ee Lee, Ashley Ang, Ana Lameda - Addleshaw Goddard LLP (Singapore)

Concurrent Delays – Time Does Not Equal Money

Thomas Barnes & Sons Plc (In Administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC) (“Thomas Barnes”) is the latest English case which held that in the event of concurrent causes of delays, one of which is the contractor’s responsibility, and the other is the employer’s responsibility, the contractor should be granted an extension of time.

The Background

Thomas Barnes concerned the construction of a bus station that was subject to significant cost increases and delay. The bus station consisted of, amongst other structures, a hub area on one end which was the subject of the dispute. The defendant employer alleged that the claimant contractor had defaulted on its obligations and terminated the contract. Subsequently, the contractor claimed for loss and expense on the basis of wrongful termination.
The contractor’s case was that the erection of the structural steelwork was delayed by the hub steel deflection issue because of the hub’s structural steelwork’s design (the “employer’s delay”), which was on the critical path. The contractor alleged that the structural steelwork’s design was...

Contributed by: Ngo Wei Shing and Liu Enning - Providence Law Asia

Latest Post Event Updates

Annual Construction Law Update 2023

(31 January 2023)


For the first time since 2020, the highly anticipated Annual Construction Law Update was held in person on 31 January 2023. It was a full house with 174 people in attendance and it was heartening to see the warm smile on everyone’s faces as we gathered with friends old and new within our community – post pandemic networking is definitely back with a vengeance.

The Event

The SCL(S) Annual Construction Law Update is a perennial highlight for all construction practitioners as it allows us to stay updated with the latest legal developments. The session was led by our SCL(S) Chair, Ms Moon Kua (Associate Director, Driver Trett), who extended warm lunar new year greetings to all in attendance and introduced the two eminent speakers – Mr Edwin Lee (Senior Accredited Specialist (Building & Construction), Partner, Eldan Law LLP) and Mr Daniel Waldek (Partner, Herbert Smith Freehills LLP)...

Contributed by: Mark Lee - Hogan Lovells Lee & Lee



Newsletter Editors:  Chris Rudland & Chan Yong Neng

Society of Construction Law (Singapore)
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