Please note the change in our telephone number with immediate effect. Kindly contact us at 6551 2783 and update your records accordingly.
10 April 2019
Vice Chairman’s Message
Dear SCL(S) members,
Welcome to the second edition of our 2019 Newsletter!
We are delighted to have made a strong start to the new CPD year with a number of events held in the first few months of 2019, including our 2019 Networking Cocktail event.
We kicked off this year with the Annual Construction Law Update 2019 event which was chaired by Mr Toh Chen Han, who is Chairman of our Council with two eminent construction practitioners Ms Monica Neo and Mr Ho Chien Mien as speakers in what was an inspired conference. This was followed by Dr Sean Brady’s instructive talk on “Causes of Catastrophic Failure in Construction – A Guide for Lawyers and the Layperson” in mid-February.
In mid-March, we held our annual Networking Cocktail event and what an event it was – for those who missed it, do see the photos here!
FIDIC’s rainbow suite of contracts are probably the most widely used standard forms of construction and engineering contracts in the international construction industry. With the much anticipated publication of FIDIC 2017 in late 2017, we felt that it was an opportune time to take a constructive look at its changes particularly those concerning dispute resolution. In late March, I chaired the “Evolution of Dispute Resolution Contractual Provisions in Standard Forms For Construction and Engineering Contracts” seminar with Mr Alex Wong and Mr Keith Phillips as speakers.
In late April, I will be chairing Mr Samuel Widdowson’s talk on “The Use of Tribunal-Appointed Experts in Construction Arbitrations” in what promises to be an enlightening talk on what could be considered as a somewhat new trend appearing (or perhaps re-appearing) in construction arbitrations. I look forward to catching up with you then!
Thanks ever so much again for your continued support!
Lee Chau Ee
Vice Chairman, SCL (Singapore)
25 January 2019
SCL(S) - Habitat for Humanity - Batam Build (10 - 11 May 2019)
Come join like-minded colleagues from the Society of Construction Law (Singapore) on a Habitat for Humanity house-building trip in Batam, Indonesia.
It will be a meaningful two-days as we build a safe and decent home for a low-income family in Batam’s Kabil Village alongside the homeowner and their community.
25 January 2019
Dear SCL(S) members,
Welcome back from the year-end holidays, and to our very first Newsletter for 2019! This is a significant time for both the Construction industry in general, and for the Society in particular.
Members will recall the passing of the Building and Construction Industry Security of Payment Amendment Bill 2018 back on 2 October 2018. There is as yet no official announcement as to when the amendments take effect. This is presumably because rules and subsidiary legislation governing statutory adjudication in Singapore are having to be reviewed, to ensure consistency and coherence with the statutory reforms when they come into force.
October 2018 also saw the launch of the Singapore Infrastructure Dispute-Management Protocol by Finance Minister Mr Heng Swee Keat at the 8th Asia-Singapore Infrastructure Roundtable. The innovative Protocol is intended to be a comprehensive dispute management mechanism, and is aimed for use on mega infrastructure and construction projects, not just in Singapore, but also internationally, particularly in Asia. The Protocol and the Ministry of Law’s press release are accessible here.
Another notable piece of legislation was passed on 1 November 2018 i.e. the new Mediation Act of Singapore. It applies not only to mediations conducted in Singapore, but also to mediations conducted overseas where parties have subjected their mediations to the Mediation Act or to Singapore Law. One of the hallmarks of this legislation is that it allows mediated settlement agreements to be recorded as Court Orders and to be enforced as such. This has obvious significance to the attractiveness and efficacy of mediation as a mode of dispute resolution in the construction sector, particularly when one considers:
(a) The international enforceability of Singapore Judgments through the various treaties and court-to-court agreements that Singapore has in place with jurisdictions such as Malaysia, Brunei, Hong Kong, China, India, Sri Lanka, Pakistan, Australia, New Zealand, UK, and all of the EU states; and
(b) The planned signing of the Singapore Convention on Mediation (i.e. UN Convention on International Settlement Agreements Resulting from Mediation) in August this year. Essentially the mediation equivalent of the New York Convention, the Singapore Convention seeks to ensure cross-border enforceability of mediated settlement agreements in courts of signatory states. Note however that it does not come into force immediately (February 2020 at earliest), and will need to accumulate a critical mass of signatories before realising its true potential.
Please look out for our regular updates on of events and articles on such legal developments and other issues that matter to the construction fraternity!
The Use of Tribunal-Appointed Experts in Construction Arbitrations (24 April 2019)
In construction arbitrations, the pathway to an award by the arbitral tribunal typically involves detailed consideration and understanding of technical assessments and the examination of factual evidence. It is relatively rare to find an arbitrator in possession of a technical degree, and rarer still to find arbitrators who truly understand the intricacies of legal, technical, delay and quantum matters.
On a sunny Thursday evening, I was fortunate to be able to attend the SCL's opening of its social calendar for 2019: an enjoyable evening of drinks and canapes at Rookery, on Robinson Road.
Over 60 construction...
“The Society was pleased to kick of its CPD year with two leading construction law specialists, Monica NEO (Chan Neo LLP) and HO Chien Mien (Allen & Gledhill) who presented at our 9th Annual Construction Law Update on...