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Vice-Chairman’s Message
 Dear SCL(S) members,
This newsletter finds us at in the middle of a busy stretch of the SCL(S) calendar.
We are pleased to have had Ben Bury and Ervin Tan of Jones Day speak on Legal Professional Privilege and its Relevance in the Construction Industry on 11 July 2017. Very ably chaired by Bree Miechel, the session generated lively discussion on the limits of privilege – for example whether it extends to in-house counsel and misappropriated documents.
Just last week, we had our Annual General Meeting, followed immediately by our Annual Dinner at VLV, Clarke Quay (30 August). About 31 members attended the AGM, with most then staying on for a sold-out Annual Dinner, where we had the pleasure and privilege of having:
- Every single one of Chairs, both past and present, namely Philip Jeyaretnam SC, Chow Kok Fong, Naresh Mahtani, Mohan Pillay, Chris Nunns (attending on screen, from aboard a sailboat), Anil Changaroth, Darren Benger and Alex Wong; and
- Distinguished representatives from many of our partner organisations, i.e. Singapore Contractors Association Limited, Singapore Institute of Arbitrators, Society of Project Managers, Chartered Institute of Building, Tunnelling and Underground Construction Society (Singapore), Singapore Institute of Architects, Singapore Institute of Building Limited, and the Lighthouse Club.
The Annual Dinner was, as ever, an important time to re-affirm bonds with the SCL(S)’s many supporters – both past and present – without whose time and efforts it would not have been possible to achieve the progress that has been made. The convivial evening, generously sponsored by HKA Global, was topped-off with an entertaining after-dinner-speech by President of the Lighthouse Club, Jon Howes, who presented “A Construction Lawyer’s Guide to Defamation”.
With your continued support, we hope to keep momentum strong over the next few months, before the usual quieter year end period. Upcoming events include the Annual Construction Law Conference – “Construction Law & Practice in Changing Times” (14 September) and Construction Law 101 workshops (26 & 31 October, 2 & 7 November). Details can be found under the “Upcoming Events” section.
Thank you.
Chen Han Toh
Vice Chairman, SCL (Singapore)
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Articles
A Practical Guide to Preparing Variation Claims
Important issues to consider when submitting variation claims for construction projects
All too often, the day-to-day reality of workload pressures for managers on a construction project means that variation claims do not always receive the required attention to detail - at least during the critical preparation phase. Practical experience tells us that good research and preparation are the keys to success in variation claims and there is no shortcut. Indeed, close attention to certain key issues can help avoid a badly structured and poorly substantiated submission, and therefore significantly improve a contractor’s chances of securing a positive outcome.
Contributed by: Shane Nash - Navigant
Justice in Adjudication: Rough, Ready and “Natural”
Apparent Bias in Construction Adjudication
Many adjudicators are also practitioners at the construction bar, who would have dealt with several members of the construction industry during their practice. It is therefore not improbable for adjudicators to have had dealings with the parties who come before them. This reality is however fertile ground for allegations of bias against adjudicators. The first complaint of apparent bias against an adjudicator made its way to the Singapore High Court in the recent case of UES Holdings Pte Ltd v KH Foges Pte Ltd[1]. Quentin Loh J’s detailed and well-reasoned judgment provides practical guidance on this subject to adjudicators and parties alike. This case also sheds light on two other issues of practical significance in the adjudication context. First, it clarifies that where a contract does not define “day”, the SOPA[2] definition of “day” (which excludes public holidays) can apply to contractual payment response timelines. Lastly, while the SOPA Regulations[3] require the notice of intention to apply for adjudication (“NOI”) to state a “brief description of the payment claim dispute”, UES Holdings clarifies that such failure, by itself, will not justify the setting aside of an adjudication determination.
Contributed by: Ramandeep Kaur - MPillay
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Latest Post Event Updates
Legal Professional Privilege and its Relevance in the Construction Industry
(11 July 2017)
Overview
 On 11 July 2017, Ben Bury and Ervin Tan from Jones Day gave a presentation to more than 40 SCL (S) members and non-members on legal professional privilege. The presentation was chaired by Bree Miechel from Simmons & Simmons.
The purpose of the talk was to explore the various ways in which a party to a construction dispute (either in the courts or arbitration) might lawfully refuse to comply with procedural rules to disclose documents they have in their possession which may be harmful to their case. The presenters also discussed the ways in which privilege can be "lost". This describes a situation where a party was entitled to lawfully refuse to disclose documents, but due to their actions they are now no longer able to do so.
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On the occasion of its Annual Dinner on 30 August 2017, the SCL (S) decided on the resplendent venue that is VLV at Clarke Quay – what a fabulous choice indeed! First and foremost, with my SCL (S) Council hat on, may I take this opportunity to say a big thank you to HKA Global, our generous sponsor for the evening and indeed, everyone at the Secretariat, as always, ably led by June.
