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Council Member's Message - December 2023
Dear members,
As we round off 2023 and start gearing up for 2024, Collaborative Contracting, the application of Environmental, Social & Governance (‘ESG’) and Appropriate Conflict Avoidance and Dispute Resolution, that have to some extent been thrust to the forefront of all things related to the construction industry and practices, will likely feature significantly in 2024 and beyond.
The honourable Minister Indranee Rajah (Singapore’s Second Minister for National Development and Finance) raised these during the Singapore Contractors Association Limited’s annual dinner on 24th October 2023
‘How can we approach construction differently, so that it becomes more robust and resilient, and the [Built Environment] sector as a whole can be transformed?’ and
‘To combat climate change, how can we rachet up our capabilities in sustainable construction?’
as two of three issues that needed to be...
Anil Changaroth
Council Member, SCL (Singapore)
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Article(s)
Book Review of “Law, Practice and Procedure of Adjudication” Written by Datuk Prof. Sundra Rajoo, Leong Hong Kit and Cindy Wong Xien Yee
Since the birth and coming into force of the statutory adjudication scheme in Malaysia in 2014 under the Construction Industry Payment & Adjudication Act (“CIPAA 2012”), it was the Asian International Arbitration Centre (“AIAC”) (then known as the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) which implemented the scheme, under the directorship of Datuk Professor Sundra Rajoo (“Sundra Rajoo”). He thus has direct deep and personal practical knowledge of the subject.
The combined wealth of knowledge and experience of Sundra Rajoo, his co-authors Mr. Leong Hong Kit and Ms. Cindy Wong Xien Yee and editorial team of Ms. Ng Chu Yin and Ms. Kanmani Global is evident in the depth of the analysis and and elucidation of live issues and the practical aspects of statutory adjudication in the 22 chapters of...
Contributed by: Naresh Mahtani - Adelphi Law Chambers LLC
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How to Claim Compensation for Contractor-Owned Idle Plant – Depreciation costs or rental value?
INTRODUCTION
To help increase the chances of being recompensed delay costs, when preparing and submitting a claim for these costs, the claim should, where possible, be fair, reasonable, provable, justified, and substantiated. While there are a variety of different costs in such claims, costs for idle power-driven mechanical plant (“Plant”) is one of the cost categories that often appears in construction delay claims.
Where applicable in this article, it is assumed that:
- an excusable and compensable event / circumstance has occurred;
Contributed by: Jung-guk Lee - Driver Trett
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Building for the future – How claims and expert services promote safe, sustainable and profitable construction
Calling for a more accountable approach to construction as the only way forward.
The construction industry is a critical component of the economy in the Asia Pacific or APAC region, including Singapore, providing jobs and opportunities for many people. However, growth in the industry also brings increased risks for delays, cost overruns, and construction-related claims. Therefore, it is essential to adopt a more responsible approach to building for the future.
In recent years, innovative construction consulting and project management have been instrumental in solving some of the most pressing issues in the APAC region. According to a recent report by the World Bank, the region is expected to see an increase in infrastructure investment of up to $5.36 trillion by 2025. Therefore, sustainable building practices, technology in construction, and...
Contributed by: Anand Anthony - Drees & Sommer
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Latest Post Event Updates
SEMINAR: Empowering Construction Arbitration: Unlocking the Potential of Third-Party Funding
(9 November 2023)
 On 9 November 2023, a panel session featured distinguished experts discussing the nuances of third-party funding in arbitration. The panelists included Mr. Glenn Haley, Partner at Bryan Cave Leighton Paisner LLP in Hong Kong; Mr. Nick Longley, Partner at HFW Australia; and Mr. Roger Milburn, Investment Manager at Litigation Capital Management. The session, chaired by Mr. Sezgin Ozbilgin, Head of Delay Expert Services at CCi and Council Member at SCL(S), provided a comprehensive exploration of critical considerations, including the factors influencing the selection of third-party funders, due diligence, and conflict management.
The panelists delved into the criteria for project selection and offered insights into decision-making processes from...
Contributed by: Sezgin Ozbilgin – CCi
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Joint event with Singapore International Commercial Court (SICC): Complexification and Contextuality - Resolving Multi-Party/Multi-Contract Disputes with SICC's TIC List
(30 August 2023)
 We are thrilled to report that our recent event during Singapore Convention Week 2023 was a resounding success, thanks in large part to your enthusiastic participation. Our discussion, co-organised by the Singapore International Commercial Court (SICC) and The Society of Construction Law (Singapore), delved into a topic of paramount importance to our community - "Complexification and Contextuality: Resolving Multi-Party Multi-Contract Disputes using SICC TIC List."
The session garnered a captivated audience, both in person and virtually, underlining the critical nature of the subject matter at hand. This success would not have been possible without the invaluable contributions of...
Contributed by: M Hakim Bin Salim - Singapore International Commercial Court (SICC)
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