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Chairman's Message
 Dear SCL(S) members,
Since the global financial crisis in 2008, the news cycles have been punctuated at regular intervals with stories of duplicity in areas that we have regarded to be immune and protected from such deeds. Both the Volkswagen emissions scandal and the more recent example of doctoring of test data on concrete samples on the Hong Kong - Macau - Zhuhai Bridge are inexcusable but increasingly commonplace failures. We thrive in an industry that prides itself on building the foundations of society with bricks, mortar and back-breaking labour and we distinguish ourselves from the clutter of a new world and new economy with work that is tangible and material. We are privileged to make real things that people use, need and live in every day but that privilege also amplifies our errors and our failures. Although we have checks and balances to minimise mistakes, no number of procedures will help circumvent deliberate attempts to play the system. We must continue to be vigilant and maintain integrity in the work that we do.
I look forward to debating this and other issues with members at our upcoming events including our Annual Dinner followed by our Annual General Meeting (30 August), annual Construction Law Conference – “Construction Law & Practice in Changing Times” (14 September) and Construction Expertise 101 workshops (26 & 31 October, 2 & 7 November). Details can be found under the “Upcoming Events” section.
I hope to be able to see as many members attend as possible.
Thank you.
Alex Wong
Chairman, SCL (Singapore)
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Articles
Do companies need Directors and Officers Liability Insurance?
Quite often, companies are exposed to threats from both external and internal sources. These threats often result in legal suits and complainants which can be detrimental to the reputations of the companies. Some examples of such legal suits, complaints, and investigations can be from employees, creditors, shareholders, customers, suppliers, competitors, and even regulators. Recently more companies are getting D&O Liability Insurance to protect the interests of their companies. What is this insurance for the companies and for its key appointment holders?
Contributed by: Phua Ser Jin- Grinweiv
Performance Bonds and Unconscionability – the same old chestnut?
Performance bonds are a key feature on construction projects, typically providing the beneficiary with security payable unconditionally on-demand.
The development in Singapore of the doctrine of unconscionability as a separate ground in addition to fraud for restraining calls on on-demand bonds (and similar instruments such as letters of credit) has excited legal commentators since it first emerged in the early 90s. .
Contributed by: Sean Hardy - Pinsent Masons MPillay; Wee Jian - Pinsent Masons MPillay
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Latest Post Event Updates
SCL(S) Construction Expertise 101
(21, 23, 28, 30 March & 4th April 2017)
Overview
 Council is proudly hailing the inaugural run of Construction Expertise 101 as both a success and a significant milestone in the Society’s support of professional development.
Over 5 sessions held in March & April 2017 at Royal Palm, The Central, a pleasing total of 19 participants heard introductory explanations, insights, and shared experiences pertaining to the expertise disciplines of architecture, land surveying, building contracting, quantity surveying and construction claims consultancy.
Contributed by: Anil Changaroth – ChangAroth Chambers LLC; Darren Benger – VivATA Pte Ltd
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The Second Edition of the SCL Delay and Disruption Protocol – A Lawyer’s Review
(17 May 2017)
Overview
 On the 17th May, SCL(S)’s professional development committee held a seminar on The Second Edition of the SCL Delay and Disruption Protocol. Nicholas Brown of Pinsent Masons, presented his paper on a lawyer's review on the protocol.
Nicholas’ paper presented was structured and provided a detailed analysis of the rationale and evolution of the protocol. It also dealt with his personal critics. Nicholas keeping very much to the text also kindly made available his paper.
Contributed by: Anil Changaroth – ChangAroth Chambers LLC and ChangAroth International Consultancy
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