May 2021 • Issue No. 52

Upcoming Events

Date	Title




28 July 2021	WEBINAR: Limitation Periods in Construction Disputes. An International Perspective
31 August 2021	WEBINAR: Intellectual Property in Construction - From Tender to Termination
23 Sept 2021	HYBRID FORMAT! Annual Construction Law Conference 2021: HOPE AND FEARS - the Built Environment in the Next Decade

View details of
SCL(S) Council 2020-2022

Click here

Welcome to new SCL(S) Members

April 2021 to May 2021
1.	Erin Beckefeld
2.	Ravi Hemraj Bhugmaneea
3.	Shu Xie Lim
4.	Eu Tse Derek Loh
8.	Rajasekaran J
5.	Pamela Jack
6.	Bijay Joseph

Post Event Updates

WEBINAR: FIDIC 2021: Latest Developments and Updates

(24 February 2021)

WEBINAR: Annual Construction Law Update 2021

(20 January 2021)

WEBINAR: Making or Breaking Your Case - What Makes an Effective Expert Witness

(8 October 2020)

WEBINAR: The Circuit Break - Picking up the Pieces

(24 September 2020)

WEBINAR: Bond Calls and Interim Relief

(03 September 2020)

WEBINAR: The Impact of Law on the Architect in Practice

(22 July 2020)

	Co-Editor's Message - May 2021 Dear SCL(S) members, Welcome everyone to the May 2021 newsletter. We hope that everyone is well in these times. The construction landscape has been changing constantly in response to the pandemic. Just this month, the Government announced that construction firms can apply to seek adjustments to contract sums so that project partners will more equitably share in foreign manpower costs resulting from COVID-19. The industry has undoubtedly been affected badly by the pandemic and it is heartening to see the Government reacting swiftly to contain the fall-out. As we all know, cash flow is the life blood of construction and so, contractors will benefit greatly from this assistance. The Society has also kept busy. We hosted 2 well-received webinars in April and May 2021 entitled “Delay & Disruption – Have you been Disrupted? How do you Prove it?” and “The Law of Construction Insurance: A Primer”. We also have an article in this newsletter on the High Court case of Front build Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd from Clyde & Co. Members will enjoy reading the analysis of this interesting case by... Ashok Kumar Rai, Co-Editor, SCL (Singapore) Newsletter
	Announcement(s) For more information, download the Conference brochure HERE or email to secretariat@scl.org.sg.

	Article(s) Pay When Paid and Termination – the Singapore High Court untangles the SOP Act in Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72 Singapore’s Building and Construction Industry Security of Payment (SOP) Act seeks to facilitate cash flow through its fast and low-cost adjudication process, and also imposes some restrictions on what is permissible in a contract caught by the Act. In Frontbuild v JHJ the High Court recently addressed the interplay between 2 key - and in some scenarios arguably contradictory – SOP Act provisions: Section 9, which outlaws ‘pay when paid’ provisions, and Section 4(2)(c), which provides that the Act shall not apply (and a party cannot adjudicate, for example) where a contract permits a party, following termination of the contract, to suspend payment until a later specified date or event.... Contributed by: Sean Hardy - Clyde & Co Clasis, V. Kumar Sharma - Classis LLC

	Latest Post Event Updates WEBINAR: The Law of Construction Insurance: A Primer (19 May 2021) I had the privilege of chairing a webinar on a fascinating topic within the area of construction law – claims against insurers. Justyn Jagger and Sinyee Ong from Sharpe & Jagger LLC delivered a riveting talk on the various players that operate within the construction insurance space. They explained how it is important for contractors looking to claim on construction all risks policies to prepare their claims carefully as these claims will be subject to great scrutiny by the insurers and may be challenged if there are deficiencies. They went through examples of how the insuring clauses can be construed differently depending on the factual matrix at hand and so, much will turn on the exact wording of the clause. It was interesting... Contributed by: Ashok Kumar Rai - Cairnhill Law LLC

	WEBINAR: Delay & Disruption – Have You been Disrupted? How do You Prove it? (21 April 2021) We had a really good sign-up for this webinar event, which is unsurprising seeing as how topical the discussion matter was in the new normal we find ourselves living in at this time. It was an honour to chair the webinar, which involved insightful opinions and explanations from Simon Bellas – Partner, Jones Day and Jonathan Shahady – Chairman, TBH Group. The emergence of the COVID-19 pandemic over the last year has led to challenges for us all. This is especially true for those working in the construction industry, which has suffered badly. Singapore as a whole took swift actions to curb the impact of the pandemic, which included specific measures to assist the construction industry with the introduction of the Temporary Measures Act... Contributed by: Samuel Widdowson - Accuracy

	WEBINAR: The Law on Liability and Recourse for Defective Homes in Singapore (24 March 2021) Almost 100 attendees participated in SCL(S)'s webinar, in which the speakers, Mr. Melvin Chan (TSMP Law Corporation) and Mr. Kishan Pillay (TSMP Law Corporation), offered views on: - the legal complications and challenges that home owners face in obtaining redress for construction defects - the differences between recourse in contract and in tort - the differences between common property and private property defects - the different ways in which each type of claim needs to be made, and the legal and practical challenges involved... Contributed by: Darren Benger - VivATA Pte Ltd

Newsletter Editors: Ashok Rai & Toh Chen Han

Society of Construction Law (Singapore)
12 Eu Tong Sen Street, #08-169, SOHO 2, Clarke Quay Central, Singapore 059819 • Tel: +65-65512783 & Fax: +65-6225 9426
www.scl.org.sg

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