Since the Conference last year, SCL Singapore has received many queries in relation to the papers presented at the Conference. We are now pleased to make copies of the papers and presentation slides of our distinguished speakers presented at the Conference available on our website.

Topic: How Valuable is the FIDIC Suite for Construction of Project Financed Projects?
Speaker: Prof Doug Jones AM - Vice-Chairman, the Society of Construction Law (UK); Partner, Clayton Utz, Australia

Abstract of paper
Project financiers have three primary concerns when considering whether or not to finance a major project: cost, timely completion, and revenue. To achieve certainty and reduce risk in these three critical areas, financiers and their advisors must pay particular attention to the terms of the construction contract between the project vehicle and the contractor. As the financier is
not a party to this contract, its requirements and interests must be channelled and protected via the project vehicle that it funds.

Presentation on How Valuable is the FIDIC Suite for Construction of Project Financed Projects?
Paper on How Valuable is the FIDIC Suite for Construction of Project Financed Projects?

Session 2: Highlights of the Middle-East Construction Industry

Topic: Dispute Resolution Models in Use in the Middle East
Speaker: Ms Michelle Nelson - Senior Associate, Masons Galadari, UAE

Abstract of paper
In this paper, we consider the different methods of dispute resolution which are commonly used in the Middle East and some of their features. We will also consider the use and popularity of different forms of Alternative Dispute Resolution.

Presentation slides on Dispute Resolution Models in Use in the Middle East
Paper on Dispute Resolution Models in Use in the Middle East

Session 3: Highlights of the Indian Construction Industry

Topic: Risk Allocation & Management in India
Speaker: Mr Atul Sharma - Partner, Link Legal, India

Presentation slides on Risk Allocation & Management in India.

Topic: Dispute Resolution Models in Use in India
Speaker: Mr Sumeet Kachwaha - Founding Partner, Kachwaha & Partners, India

Abstract of paper
In this talk, I would outline the Dispute Resolution mechanisms and practices used in India, specifically in the construction industry.

Politically, India has a quasi-federal structure. However the judiciary is unified.
Broadly it is a three-tier structure. India is divided into 600 administrative districts.
Each district has a district judge. Then there are 25 States and each State has a high court. Some States share one high court. There are thus 20 high courts and the Supreme Court of India is the apex court. Besides there are a great number of specialized tribunals like the Company Law Board; the Competition Law Tribunal; Tax Tribunal etc. Most of these are situated in either Delhi or Mumbai and are under the jurisdiction and control of the High Court where they are situated.

Paper on Dispute Resolutions in India

Session 4: Highlights of the Chinese Construction Industry

Topic: Risk Allocation & Management in China
Speaker: Mr Yang Ing Loong - Partner, Heller Ehrman LLP, Beijing, China

Presentation slides on Risk Allocation & Management in China

Day 2

Session 5: Issues in the Oil and Gas Industry

Topic: A Mega-Project in China – The Nanhai Petrochemicals Project, Guangdong Province, China
Speaker: Mr David M Edwards CMG - Singapore

Presentation slides on A Mega-Project in China – The Nanhai Petrochemicals Project, Guangdong Province, China

Topic: Conversion and Construction Contracts in the Offshore Oil & Gas sector
Speaker: Mr Chris Lowe - Partner, International Finance Group, Watson, Farley & Williams, Singapore

Presentation slides on Conversion and Construction Contracts in the Offshore Oil & Gas sector

Session 6: Professional Negligence Issues in the Construction Industry

Topic: Developments in the Liability of Construction Professionals: The Ball is Still Rolling
Speaker: Ms Nerys Jefford - Keating Chambers; Vice-Chairman Elect, Society of Construction Law (UK)

Abstract of paper
Duties of Care: When and How Much?

1. It is perhaps remarkable in 2006 that the issue of when and whether a construction professional¹ owes a duty of care in tort should still provoke such interest.

1. The story begins, so to speak, in 1978 with the decision of the House of Lords in Anns v. Merton², setting out a simple, two stage test as to when a duty of care (extending to a duty not to cause economic loss) was owed in tort. Lord Wilberforce expressed the test in this way:

Presentation and paper on Duties of Care: When and How?

Topic: Developments in the Law of Economic Loss and Liability under Design & Build Situations
Speaker: Dr Colin Yee Cheng Ong - Managing Partner, Dr. Colin Ong Legal Services, Brunei

Abstract of paper

General Introduction to the Law of Economic Loss

1.1. The current position depicting the law of economic loss even among Commonwealth countries is not a simple affair. It has been aptly described by Lord Steyn that liability for negligently caused economic loss is "the most controversial area of our law of tort” and has also been described as “one of the most confused and confusing areas in the law of tort in general”¹. It is accorded different treatment in different countries. There have been a series of important case law developments taking place under English Common law over the last decade which has restated the position of how the principles underlying claims for economic loss in tort and the extent of claims for professional negligence should be treated by the Courts.

Paper on Developments in the Law of Economic Loss and Liability under Design & Build Situations

Session 7: Insurance Challenges in the Construction Industry

Topic: The Evolution and Interpretation of the Contractor's All Risks Insurance Policy
Speaker: Mr Justyn Jagger - Director, DLA Piper, Singapore

Presentation slides on The Evolution and Interpretation of the Contractor's All Risks Insurance Policy
Paper on Insurance Challenges in the Construction Industry - The Use of Exclusion Clauses in Car Policies

Abstract of paper
Contractor's All Risk Policies, also known as CAR Policies, indemnify the Insured against the cost of repairing damage caused by all risks. Hence the starting point is that all damage is covered unless the cause of that damage is expressly excluded. The underwriter takes this position because, unlike property or liability policies, in construction projects it is usually easier to determine the damage, and particularly the perils or risks causing such damage, which is not covered rather than to set out the damage which is covered. As such, it is the exclusion clauses which really define the extent of the indemnity provided by defining that damage, and particularly the perils causing that damage, which is not covered. The indemnity provided is subject, of course, to the policy terms determining the insured property, indemnity period, notification of damage etc which my learned colleagues have addressed.

Topic: Problems arising under Contractors' All Risks Insurance
Speaker: Mr Jeffrey Gruder QC - Essex Court Chambers, United Kingdom

Paper on Insurance Challenges in the Construction Industry - Problems Arising under Contractors’ All Risks Insurance

Abstract of paper
Contractor’s all risks policies often contain a clause requiring “unforeseen
physical loss or damage” as a requirement of recovery. An example in a policy,
upon which I advised was:

“…if at any time during the period of the cover the items or any part thereof entered in the Schedule shall suffer any unforeseen and sudden physical loss and damage from any cause other than those specifically excluded in a manner necessitating repair or replacement, the company will indemnify the insured…”

Session 8: The Issues and Challenges of “Mega Projects”

Topic: Yangjiang Nuclear Power Plant Project
Speaker: Mr Henry Liao - Partner, King & Wood, China, Guangzhou

Presentation slides on The Issues and Challenges of "Mega Projects".

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