June 2023 • Issue No. 64
 

Upcoming Events

Date Title
20 July 2023
 
SEMINAR: Navigating Ambiguities in Construction Contracts: Challenges, Considerations and Best Practices
 
23 Aug 2023
 
SCL(S) 12th Annual Dinner 2023
 
21 Sept 2023
 
SCL (Singapore) – ISAF Joint Conference 2023: Adjudication in the Age of Collaborative Contracting
 
4 Oct 2023
 
Mastering Infrastructure Arbitration: Navigating Complex Cases with Legal Expertise and Technical Acumen
 

View details of
SCL(S) Council 2022-2024


 Click here


Welcome to new SCL(S) Members

May 2023 to June 2023
 
1. Shan Shan Tan
2. Ng Heng Hoong
3. Christopher Seaman
4. Steve Kaye
5. Anandhimala Vijayakumar


Post Event Updates

Construction Law 101 (13th Run):
Sessions 1 - 4 

(21, 23, 28, 30 March 2023)


 


Networking Cocktails 2023

(1 March 2023)


 


Annual Construction Law Update 2023

(31 January 2023)



 

SCL (Singapore) 3rd "Focus on Asia Conference" 2022: Construction Post Covid – Getting Back to Business?

(28 October 2022)



 


SCL (Singapore) Annual General Meeting 2022

(4 August 2022)



 

WEBINAR: SCL (Singapore) - A 20 Year Journey and Beyond: Strategic Leadership Dialogue with SCL (Singapore) Past Chairs - Session 1

(4 August 2022)



 

WEBINAR: SCL (Singapore) - A 20 Year Journey and Beyond: Strategic Leadership Dialogue with SCL (Singapore) Past Chairs - Session 2

(4 August 2022)



 


Vice-Chair's Message - June 2023


Trevor Lam
Dear fellow SCL(S) members,

It is with great pleasure that I find myself with the privilege of penning this message to welcome you all to our 64th edition of the SCL(S) Newsletter.

As usual, the year seems to be flying past us at a rate of knots. Reflecting back on the last three months, our Professional Development Committee continued to organise and deliver some quality events.

On the evening of 26 April 2023, we held a webinar where our excellent speakers Joanna Seetoh, Sam Widdowson and Ashley Thompson shared insights on how good project planning practices and adherence to contract provisions can help minimise the risk of construction disputes (or at least, help best prepare you for when a dispute becomes unavoidable). 

Following this, on the evening of 18 May 2023, we held a physical in-person seminar on collaborative contracting at the RNN Conference Centre.  We had the privilege of having Sathiaseelan Jagateesan and Eugene Seah, members of the Singapore Academy of Law’s Building & Construction Subcommittee that released the Guide on Collaborative Contracting in the Construction Industry, share their views on the guide and the nature of collaborative contracting. Please find the post-event update in this newsletter.

Within this edition of our newsletter, you will find an article exploring whether a two-tier SOP Act could, or should, be adopted in Singapore, and another article exploring the nature of EPCM contracts.

On behalf of the SCL(S) Council, I would like to extend a big thank you to our speakers for taking time out of their busy schedules to prepare and deliver these excellent events, and also to our newsletter contributors for the insightful articles.
 
Looking ahead, our Council is very busy with a packed calendar for the third quarter of 2023 comprising of…


Trevor Lam
Vice-Chair, SCL(Singapore)

Announcement(s)

In this Conference, the International Statutory Adjudication Forum (ISAF) will unveil its proposed Model Law On Statutory Adjudication, which draws upon the experiences of international practitioners from across the globe. The intention of the Model Law on Statutory Adjudication is to provide states who are considering the enactment of a statutory adjudication regime with a draft law which embodies best current practice which may be either adopted or adjusted to suit local conditions. The speakers will also share their experiences on collaborative contracting forms and processes, and their reflections on their efficacy in the avoidance and resolution of disputes in the construction industry.


For more details and to secure your place for the Conference, please REGISTER HERE.

For enquires, please email to secretariat@scl.org.sg

SCLS and ISAF Joint Conference 2023 - Sponsorship Details

Article(s)

The Magic Lies in the 'M' – EPC and EPCM Contracts

The type of contract to be utilised on each construction project is a major strategic decision for every project owner (Owner). For those deciding between Engineering, Procurement and Construction (EPC) and Engineering, Procurement and Construction Management (EPCM) contracts, a thorough understanding of the fundamental differences between the two is crucial.  While the latter has historically been a common feature largely seen only in the mining industry, its adoption has gained popularity in recent years as a result of changing market conditions and enhanced bargaining powers of contractors.

EPC contracts are, traditionally, lump sum construction contracts where the Contractor accepts the Owner's design and takes full responsibility (and therefore risk) for...


Contributed by: Lee Chau Ee & Ashley Ang - Addleshaw Goddard LLP (Singapore) 

Security of Payment (Amendment) Act 2018 – Is it time to take a 2nd look at the UK approach to adjudication?

The Building and Construction Industry Security of Payment Act ("SOPA") was introduced in 2004.  SOPA was modelled on the New South Wales Act, with particular emphasis on speed.  It was considered that a 14 day period from application to decision would offer a real lifeline to contractors facing severe cash-flow difficulties. Crucially, SOPA also prohibited the operation of “pay-when-paid” provisions as an excuse for non-payment.

The Security of Payment (Amendment) Act 2018 came into force on 15 December 2019, providing for the exclusion of claims for damages, loss or expense by virtue of the amended sections 17(2A) and 19(5A) of the SOPA.  These sections specify that...


Contributed by: Christopher Nunns & Huang Yi Jie - Kroll Expert Services, Construction Disputes

Latest Post Event Updates

SEMINAR: CONSIDERING COLLABORATIVE CONTRACTING FOR SINGAPORE: A discussion on the Singapore Academy of Law (SAL)’s Guide to Collaborative Contracting

(18 May 2023)

We had the privilege of hearing from Mr. Sathiaseelan Jagateesan (Partner, Co-Head Construction & Engineering, Allen & Gledhill LLP) and Mr. Eugene Seah (Global Board Member and Chief Operating Officer, Meinhardt Singapore) on the Singapore Academy of Law’s Guide to Collaborative Contracting.

In this engaging session moderated by SCL (Singapore) Council member Mr. Anil Changaroth, the speakers shared keen and valuable insights on various aspects of collaborative contracting. Mr. Sathiaseelan touched upon the current contracting landscape and some challenges posed by the traditional method of contracting, as well as legal issues which could potentially arise in the context of collaborative contracting and the Courts’ current approach to such issues. Mr. Seah then rounded up the session with some very helpful tips on...

Contributed by: Joanna Seetoh - Harry Elias Partnership LLP

 


 

















 
Newsletter Editors:  Chris Rudland & Chan Yong Neng

Society of Construction Law (Singapore)
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www.scl.org.sg

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