SOCIETY OF CONSTRUCTION LAW (SINGAPORE) OFFICIAL NEWSLETTER

May / June 2014 • Issue No. 23

Date	Title


19 July 2014	Managing Construction Disputes (and Resolutions) – The Efficient use of Scott Schedules and Expert Witnesses Conferencing

6 Aug 2014	AGM/Annual Dinner

27 Aug 2014	Annual Construction Law Conference

9,14,16, 21 Oct 2014	Construction Law 101 (5th Run)

March – May 2014
1.	Kevin Timmons
2.	Ming Li Koo
3.	David Hoicka
4.	Garry Crossley
5.	Martin Christopher Duckett
6.	Shu-I Loo
7.	Jocene Neo
8.	Ruben Potter
9.	David Smyth
10.	Gil Lapaz
11.	Abuthahir Abdul Gafoor
12.	Hwee Khim Loo
13.	Bee Hong Tan
14.	Samuel Widdowson
15.	Cheng Piao Andy Phua
16.	Dr Bernd Jurgen Gotze
17.	Gilbert Poon

Negligence in the Construction Industry - The Court of Appeal case of Jurong Primewide PL vs Moh Seng Cranes PL
(21 May 2014)

Construction Law Update: Due Diligence Obligations in Construction Contracts
(24 Apr 2014)

1st Networking Cocktail 2014
(9 Apr 2014)

Construction Insolvency – Views from Alpine Bau’s Liquidators and Lawyers
(19 Mar 2014)

Site Visit - Construction of the C935 Sungei Road Station and Tunnels for Down Town Line 3
(28 Feb 2014)


	We are just a couple of weeks away from the half way mark for 2014 and we see significant developments in the Construction Industry in the second half of the year. I highlight some of these below. CONSTRUCTION INDUSTRY Productivity The BCA is working with various government agencies to formulate a master-plan for the development of multi-storey and higher density integrated construction & precast hubs to be used for the prefabrication of components; storage and maintenance of framework as well as plant equipment and machinery. Labour Demand This remains a critical issue that the industry is grappling with. Key industry partners have been urging for assistance and a review of the manpower policies for the construction industry. It is hoped that the announcement by Prime Minister Lee Hsien Loong that more than $2 billion of public construction projects would be deferred in order to spread out the labour demand, would help alleviate the problem. While urgent projects such as...

	Construction & Engineering Briefing Caps on Liability - how are they applied by the courts? Introduction In a recent English case that came before the High Court, the Court considered a contract clause which attempted to impose a financial cap on the contractor's liability. The case acts as a reminder to those who negotiate and draft construction and engineering contracts to be mindful of the scope and ambit of these clauses. In engineering, construction and infrastructure projects, it is not unusual for the contractors that are engaged and the consultants that are appointed to seek to limit their potential liability under the contracts they enter into. One way they attempt to do this is by agreeing with their employer, a financial cap on the contractor's or consultant's liability under its contract. Requests for financial caps on liability have become more frequent, as have other clauses seeking to exclude or limit liability - sometimes at the request of professional indemnity insurers. Contributed by Ian Doig & Emily Mansfield, DLA Piper's Construction and Engineering “Sufficient Information” in Construction Contracts - merely a question of fact! The term “Sufficient Information” appears in two standard forms of building contract used in Singapore (PSSCOC and SIA Standard Form of Contract) and relates to particulars a contractor must provide to the contract administrator in support of his extension of time application. Nothing wrong with that I hear you say, quite normal in fact and to be expected when trying to estimate how much extension to grant. What constitutes “Sufficient Information” can be extremely subjective and from experience the requirement is often met after numerous exchanges of correspondence between the contractor and contract administrator. This is very much a trial and error process with the contract administrator taking the usual position of not saying exactly what information he requires. To some, this may be viewed as an opportunity or license to procrastinate, particularly as both the PSSCOC and SIA Standard Form of Contract only obliges the contract administrator to determine extensions of time when he is in receipt of sufficient information. Contributed by Leslie Harland MSc (Bath) MRICS MCIOB MCInstCES ACIArb, Driver Trett Singapore Construction Industry and Law Updates Technical: Built environment sector calls for more local talent On 22 May 2014, a five-year rebranding roadmap was rolled out to attract and retain more local talent in the built environment sector. This comes during a period of sustained construction projects requiring a continuous pool of locals to drive Singapore's urban development. Improved work environments and the adoption of good human resource practices are among key initiatives aimed at transforming the built environment sector. The roadmap has been formulated by the Ministry of National Development (MND) and the Building and Construction Authority (BCA), in consultation with industry associations and institutes of higher learning (IHLs) in Singapore. It aims to improve... Contributed by David Shuttleworth, Foremost Consultants Pte Ltd, Danna Er, MPillay & Sandy Chan, Aequitas Law LLP

	Negligence in the Construction Industry - The Court of Appeal case of Jurong Primewide PL vs Moh Seng Cranes PL 21 May 2014 The seminar on "Negligence in the Construction Industry - The Court of Appeal case of Jurong Primewide PL vs Moh Seng Cranes PL" which was chaired by Mr Brendon Choa (ACIES Law Corporation), provided a refreshing insight on the responsibilities and duties of care of the various stakeholders imposed in a construction project by the Workplace Safety and Health Act ("WSHA"). The speakers, Ms Lynette Chew (Stamford Law Corporation) and Mr Raymond Lye (Union Law LLP) dealt specifically with... Contributed by Seng Yen Ping, WongPartnership LLP Construction Law Update: Due Diligence Obligations in Construction Contracts 24 April 2014 Our speaker for the seminar, Ian de Vaz reminded the audience that the genesis of the evening's topic was an aside made some time ago to the SCL on his interest in a tricky subject. Having promised the audience that he had trawled the bottom of the barrel on case law surrounding due diligence in construction contracts, the seminar was launched with the audience keenly anticipating how a rarely tackled issue would be addressed. The audience barely had time to settle down... Contributed by Alex Wong, Hogan Lovells

Newsletter Editors: Uma Menon & Danna Er

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

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