Sept / Oct 2014 • Issue No. 24  

Date Title
4 Nov 2014 2nd Networking Cocktail 2014
25 Nov 2014 Dual Track Proceedings In Arbitration And Litigation: Reducing the Peril Of “Double Jeopardy” By Consolidation, Joinder And Appellate Arbitration

June – Sept 2014
1. Michael Thurlbeck
2. Ah Hua Bernard Ho
3. David Robertson
4. Eng Hui Chng
5. Jonathan Peralta
6. Apriliana Lim
7. Trevor Lam
8. Chye Hoon Ho
9. Martin Riddett
10. Napolean Rafflesson Koh
11. Yee Fun Liew
12. Lorimer Doig
13. Danang Projosujadi
14. Lee Jane Tan
15. Tia Starey
16. Stuart Cullen
17. Pamela Acio
18. Lynette Mei Lin Chew
19. Bree Elizabeth Miechel
20. Eugene DE ROZARIO
21. Joon Chew Wong
22. Sundi Wijaya Sarimin
23. Shan Jin
24. Chun Pin Yap
25. Steven Gibson
26. Dorothy Khoo
27. See Yen Lee

Restatement of the Penalty Doctrine in Commonwealth Jurisdictions
(22 September 2014)

Annual Construction Law Conference
(27 August 2014)

AGM & Annual Dinner 2014
(6 August 2014)

Managing Construction Disputes (& Resolutions) The Efficient Use of Scott Schedules & Expert Witnesses Conferencing
(19 July 2014)


Dear SCL(S) members,

It is an honour to be accepted as Chairman; to lead Council and to represent the Society.

For those who were not present at the Annual General Meeting  or are not otherwise familiar with me, please let me introduce myself: I am a director of ATA Architects Pte Ltd, and, as a professional architect / qualified person, deal with statutory law, contract administration and expert witness opinions. I am on the Singapore Institute of Architects (SIA) panels of arbitrators and expert determinators, have achieved GCIA (Graduate Certificate in International Arbitration), and am an SIArb Fellow. I am also proud to be an NUS lecturer on building contracts and the SIA representative for the Design-for-Safety (DfS) Regulations Taskforce.

Firstly, I would like to thank, with great appreciation, the immediate past Council for their diligent, professional and productive efforts over the last term, and for maintaining and developing the shape of the Society. I especially recognise and thank Anil Changaroth, the now immediate past Chairman, for his efforts, passion and leadership over the last term.

On the 22nd August in 2012, the new team was elected into Council when the Society celebrated its 10th anniversary. This new Council in late 2012 was not looking to re-engineer the society but merely set a couple of goals/targets, critical of which was providing sound training and reaching out to the construction industry.


As is evident from the Annual Reports presented, I’d like to highlight the following portions:


Court of Appeal Accepts Frustration In 'Sand Ban' Case Appeal

Singapore Court of Appeal overturns High Court decision and rules that 'Sand Ban' by Indonesian authorities frustrated supply contracts (Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2014] SGCA 35).

The Court of Appeal's latest decision in one of the 'Sand Ban' cases has reiterated that there must be truly exceptional circumstances for a contract to be frustrated. The Court gave helpful guidance as to what amounts to exceptional circumstances:

A mere increase in cost per se will not result in a frustrating event, although an astronomical increase might.

  • Literal impossibility is not required. It is sufficient that the obligation in the contract has become "radically or fundamentally different" from the one agreed to.
  • It is of primary importance that the law be applied to the "precise facts" of the case.

Contributed by Paul Sandosham, Kelvin Teo, Cavenagh Law LLP/Clifford Chance Asia, Thomas Walsh, Clifford Chance (Seoul)

Enforcement of Dispute Adjudication Board Awards under FIDIC Red Book

1. The Singapore High Court in July 2014 delivered a significant judgment in PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia)1.

This follows the July 2011 Court of Appeal judgment of CRW Joint Operation v PT Perusahaan Gas Negara2, which precipitated a great deal of discussion and commentary amongst FIDIC contract circles internationally.

2. The recent judgment is of considerable significance to users of FIDIC contracts because it sets out thoroughly considered views, reflecting a Singapore High Court perspective on:

(a) the construction of the dispute resolution mechanism under Cl. 20 of the 1999 FIDIC Red Book3 (the "Red Book"), and
(b) problems with the current drafting of that clause.

Contributed by Toh Chen Han, Pinsent Masons MPillay LLP

Singapore Construction Industry and Law Updates


Eight building champions recognized for fronting sustainability initiatives
Tenants and visitors will now be able to identify green buildings with the display of the BCA Green Mark plaque at building entrances, lobbies and atriums of buildings. At the current time there are eight building owners and developers who are also BCA Green Mark champions and they have received a customised glass plaque commissioned by BCA.

Ascendas, City Developments Limited (CDL), Nanyang Technological University (NTU), National University of Singapore (NUS), Keppel Land Limited, CapitaLand Limited, Housing and Development Board (HDB) and JTC Corporation (JTC) are the eight building owners with projects having achieved the highest green building standards. Also known as BCA Green Mark Champions, these developers have demonstrated a strong commitment towards corporate social responsibility and outstanding achievements in environmental sustainability, having achieved a substantial number of Green Mark buildings at Gold level and above. As at 1 July 2014, projects undertaken by these Green Mark Champions represent 13 percent of all Green Mark projects and 37 percent of Green Mark Platinum projects in Singapore.

Contributed by David Shuttleworth, Director, Foremost Consultants Pte Ltd & Chow Wen Si, Clasis LLC & Tan Lee Jane, ChangAroth Chambers LLC


Annual Construction Law Conference
27 August 2014

Now in its 9th year, this year SCL’s annual conference was held on 27 August 2014 at the M Hotel. A topical field of interest and concern in the construction industry, risk management was put under the scrutiny by the morning speakers. The afternoon session then dealt with the latest developments in construction law.

The conference kicked off with opening remarks by the newly elected chairman of SCL(S), Mr Darren Benger. The morning session that followed, with the diversity of professions and experiences of the speakers kept the participants exposed to the identification of risks and approaches of risk management in dealing with construction projects.

Speaking on the topic of “Transferring Risk – Current Challenges Facing the Construction Industry and Mitigating Risks in Projects”, Mr Stephen Cheong (Associate Director, Stamford Law Corporation) provided a legal insight from the aspect of insurance as insurance plays a significant role in the management of construction risks. He discussed the key features and coverage of the Contractor’s All Risk (“CAR”) policy. The audience’s attention was particularly drawn to the operation of exclusion clauses and the issues to be considered when allocating risks and procuring a policy.

Contributed by Moon Kua, L&S Contract Advisory & Dispute Management Services Pte Ltd

  Newsletter Editors: Uma Menon & Danna Er

Society of Construction Law (Singapore)

Level 3, 146 Robinson Road, Singapore 068909 • Tel & Fax: +65-31273797 (no 6 prefix)

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