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Society of Construction Law (Singapore) Society of Construction Law (Singapore)
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  5. Legal Professional Privilege and its Relevance in the Construction Industry (11 July 2017)
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14 September 2017
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Special Report on the SCL (Singapore) Annual Construction Law Conference (14 Sept 2017)

Preamble

At my desk writing this preamble on a relatively cool October evening in Beijing (what smog, there is no smog here!), I cannot help but think back to what a successful Conference this was, in so many ways.

The turnout for one was the largest ever for such a conference, the diverse spread of the various members of the supply chain in the construction industry (and indeed the construction industry) who turned up and of course the esteemed speakers, moderators and panellists (and with much temerity on my part as to include myself in such company), but to highlight just a few positives.

Yet, there is more when one considers how relevant the subject-matter of the Conference was, not least in relation to the Belt and Road Initiative. This Initiative was much talked about at the recently concluded 19th National Congress of the Communist Party of China in Beijing - this Congress in itself probably the most important ever in modern Chinese history - in terms of how it could and would impact the various countries on what is the Silk Road Economic Belt and 21st Century Marine Silk Road.

For those of you who know me well enough, you will know that I have always said how thankful I am to the international construction industry – more than twenty-odd years still counting and not out!       

And with that, I sincerely hope you enjoy reading our Special Report on the SCL (Singapore) Annual Construction Law Conference 2017.

Lee Chau Ee – Co-Editor, SCL(S) Newsletter

An Account by the Chair of the Conference Organising Committee

The SCL(S) held its Annual Construction Law conference at Hotel Fort Canning on 14 September 2017.

The conference had a record-breaking turnout of more than 200 delegates and welcomed speakers and thought leaders from across the region to, discuss topics and issues relating to the theme “Construction Law – Practice in Changing Times”, address how construction law has been impacted by changes in the industry and look at the corresponding legal developments and the future of our industry.

Morning Sessions

Special Report on SCL(S) Conference 2017 - Account by Conference Organising Chair

Mr Wong delivered an enlightening keynote speech, sharing his views on the future direction of and trends that are taking place, in the industry, the increasing globalisation of construction projects, creating more collaborations and partnerships among players along the value chain, and the need to leverage on technology for growth such as building information modelling and artificial intelligence.

Relevantly, Mr Wong highlighted that the law must also recognise the evolving landscape and a strong legal framework is necessary to drive business growth.

READ MORE 

Contributed by: Moon Kua - Arcadis Singapore Pte Ltd

Outcome of a survey conducted by the eminent Mr Chow Kong Fong 

At the recent Annual Construction Law Conference 2017, the doyen of Singapore construction law, Mr Chow Kok Fong, took the opportunity to survey the audience’s views on 4 Singapore cases on construction law. Given that the audience included legal practitioners, in-house legal counsel and representatives from parties up and down the supply chain in the construction industry, the results were obviously eagerly anticipated. The results were as follows:

Contributed by: Ashok Rai, Co-Editor, SCL(S) Newsletter

No

Question

Answer

Yes

No

1

 

Would the decision in Mansource Interior Pte Ltd v CSG Group lead a contractor to consider adjudication to lock in a valuation of an important claim item which cannot be disturbed until final judgment or award as opposed to leaving the valuation of the claim item to certificate which could be revised?

71%

29%

2

Would the ruling in Rong Shun Engineering v C P Ong Construction on severance make it easier to challenge an adjudication determination?

58%

42%

3

Would Ang Cheng Guan v Corporate Residences discourage respondent to lodge adjudication review applications?

49%

51%

4

 

Arising from Audi Construction v Kian Hiap, can a timeline be contrived to deliberately trip a claimant? Example - a provision which stipulates that a payment claim has to be served on 10.55 pm on 25th of the calendar

month?

67%

33%

 It is interesting to note that the audience was evenly divided on several of the questions and otherwise on others.

 For those who were lucky enough to be present at Mr Chow’s lecture, I am sure you would agree with me that it was an illuminating one.

What the Audience Say

“Not only did this year’s conference tackle recent developments in the industry, it also looked forward to impending future changes.

Undoubtedly the most enjoyable, engaging and useful part of the conference for me, despite it being the last session of the day, was the interactive panel discussion ‘A Dialogue Between Leading Practitioners’. Presented by four esteemed Legal Experts, it ended with real life examples and questions from the audience, which were discussed and deliberated by the Panel from a legal aspect.

As it has now come to be expected, the conference was attended by a diverse audience of over 200 people from governmental and public sector bodies, contractors, sub-contractors, suppliers, lawyers and consultants, being testament to the wide reach of the Society.

Once again the organisation of the event, the venue and the refreshments were all above faultless.

Thanks goes out to the Secretariat and the Speakers for a splendid event.”

Jim Chessell - Associate Director, BK Burns Pte Ltd, Singapore

 

“This year’s Annual Construction Law Conference was held on 14 September in the Legends Ballroom at Hotel Fort Canning. The morning sessions of the conference dealt with expert assessments and legal opinion on dealing with and examining construction delay events and occurrences of defects on construction projects.

The opening morning session included a practical overview of delay methodology from Mr Jonathan Prudhoe of Navigant Consulting and Mr Trevor Lam of CTBH, which in turn led to a panel discussion with Ms Lucy Garrett of Keating Chambers and Mr Shourav Lahiri of Lahiri LLC regarding the current legal position on the use and recognition of prospective and retrospective forms of delay analysis, and a brief commentary on true concurrency of delay.     

The second half of the morning session delved into issues with construction defects, which included an engaging view on how structural defects are forensically investigated and examined by Dr Sean Brady of Brady Heywood and an insightful view on dealing with architectural defects and good practice by Mr Chan Kok Way of SD Architects & Associates. The session also included views on contractual provisions and common defect related disputes between parties by Mr Anil Changaroth of ChangAroth Chambers and Mr Ho Chien Mien of Allen & Gledhill.

Both sessions were followed by questions from members of the large group of attendees.

Thanks to all of those involved, who provided highly informative and stimulating viewpoints, which reflected the depth of experience in both delay and defect related matters.”

 

Samuel Widdowson - Director, Navigant Consulting (APAC) Pte. Ltd. (who was only able to attend the morning session due to pressing work commitments)

“I feel that SCL (Singapore) Annual Construction Law Conference 2017 is well organised and gives the practitioners in the construction industry an opportunity to hear from eminent speakers both local and overseas on the latest trends and developments relating to construction law and practice in changing times. The conference also gives industry players a platform to exchange ideas and discuss about hot button issues faced in the industry.”

Sim Chee Siong – Partner, International Arbitration, Construction & Projects, Rajah & Tann LLP

 

“As a first time attendee of the SCL Singapore event I was immediately impressed by the conference location in the sanctuary of Hotel Fort Canning.  I really enjoyed the panel format of the presentation, which created a range of views and some debate on different issues.  This made the sessions engaging and generated some lively discussions.  Finally there was great attendance from many different backgrounds including Clients, Contractors, Barristers, Lawyers and Consultants from various geographic locations to network during the breaks.  All in all a great conference.” 

Dave Andrews – Director, TBH, Melbourne

 

DOWNLOADABLE CONFERENCE MATERIALS FOR MEMBERS

All materials for which the speakers have given SCL(S) consent to make available to members can be viewed/downloaded from the SCL(S) website in the Members’ Only area under “Resources” (LOG-IN Required under "Members' Area" in the left column to proceed).

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