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| June
– Sept 2014 |
| 1. |
Michael
Thurlbeck
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| 2. |
Ah Hua
Bernard Ho |
| 3. |
David Robertson |
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| 4. |
Eng Hui Chng |
| 5. |
Jonathan
Peralta
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| 6. |
Apriliana
Lim |
| 7. |
Trevor
Lam |
| 8. |
Chye
Hoon Ho |
| 9. |
Martin
Riddett |
| 10. |
Napolean
Rafflesson Koh |
| 11. |
Yee Fun
Liew |
| 12. |
Lorimer
Doig |
| 13. |
Danang
Projosujadi |
| 14. |
Lee
Jane Tan |
| 15. |
Tia
Starey |
| 16. |
Stuart
Cullen |
| 17. |
Pamela
Acio |
| 18. |
Lynette
Mei Lin Chew |
| 19. |
Bree
Elizabeth Miechel |
| 20. |
Eugene
DE ROZARIO |
| 21. |
Joon
Chew Wong |
| 22. |
Sundi
Wijaya Sarimin |
| 23. |
Shan Jin |
| 24. |
Chun
Pin Yap |
| 25. |
Steven
Gibson |
| 26. |
Dorothy
Khoo |
| 27. |
See Yen
Lee |
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Restatement
of the Penalty Doctrine in
Commonwealth Jurisdictions
(22 September 2014)
Annual Construction Law Conference
(27 August 2014)
AGM & Annual Dinner 2014
(6 August 2014)
Managing
Construction Disputes (& Resolutions) The Efficient Use of
Scott Schedules & Expert Witnesses Conferencing
(19 July 2014)
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 Dear SCL(S) members,
It is an honour to be accepted as Chairman; to lead Council and to
represent the Society.
For those who were not present at the Annual General Meeting
or are not otherwise familiar with me, please let me introduce myself:
I am a director of ATA Architects Pte Ltd, and, as a professional
architect / qualified person, deal with statutory law, contract
administration and expert witness opinions. I am on the Singapore
Institute of Architects (SIA) panels of arbitrators and expert
determinators, have achieved GCIA (Graduate Certificate in
International Arbitration), and am an SIArb Fellow. I am also proud to
be an NUS lecturer on building contracts and the SIA representative for
the Design-for-Safety (DfS) Regulations Taskforce.
Firstly, I would like to thank, with great appreciation, the immediate
past Council for their diligent, professional and productive efforts
over the last term, and for maintaining and developing the shape of the
Society. I especially recognise and thank Anil Changaroth, the now
immediate past Chairman, for his efforts, passion and leadership over
the last term.
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 On
the 22nd August in 2012, the new team was elected into Council when the
Society celebrated its 10th anniversary. This new Council in late 2012
was not looking to re-engineer the society but merely set a couple of
goals/targets, critical of which was providing sound training and
reaching out to the construction industry.
Committees
As is evident from the Annual Reports presented, I’d like to highlight the following portions:
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Court of Appeal
Accepts Frustration In 'Sand Ban' Case Appeal
Singapore Court of Appeal overturns High Court decision and
rules that 'Sand Ban' by Indonesian authorities frustrated supply
contracts (Alliance
Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2014] SGCA 35).
The Court of Appeal's latest decision in one of the 'Sand Ban' cases
has reiterated that there must be truly exceptional circumstances for a
contract to be frustrated. The Court gave helpful guidance as to what
amounts to exceptional circumstances:
A mere increase in cost per se will not result in a frustrating event,
although an astronomical increase might.
- Literal impossibility is not required. It
is sufficient that the obligation in the contract has become "radically
or fundamentally different" from the one agreed to.
- It is of primary importance that the law
be applied to the "precise facts" of the case.
Contributed by Paul Sandosham, Kelvin
Teo, Cavenagh Law LLP/Clifford Chance Asia, Thomas Walsh, Clifford
Chance (Seoul)
Enforcement of
Dispute Adjudication Board Awards under FIDIC Red Book
1. The Singapore High Court in July
2014 delivered a significant judgment in PT
Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia)1.
This follows the July 2011 Court of Appeal judgment of CRW
Joint Operation v PT Perusahaan Gas Negara2,
which precipitated a great deal of discussion and commentary amongst
FIDIC contract circles internationally.
2. The recent judgment is of considerable significance to users of
FIDIC contracts because it sets out thoroughly considered views,
reflecting a Singapore High Court perspective on:
(a) the construction of the dispute resolution mechanism under Cl. 20
of the 1999 FIDIC Red Book3 (the "Red Book"),
and
(b) problems with the current drafting of that clause.
Contributed by Toh Chen Han, Pinsent Masons MPillay LLP
Singapore
Construction Industry and Law Updates
Technical:
Eight
building champions recognized for fronting sustainability initiatives
Tenants and visitors will now be able to identify green buildings with
the display of the BCA Green Mark plaque at building entrances, lobbies
and atriums of buildings. At the current time there are eight building
owners and developers who are also BCA Green Mark champions and they
have received a customised glass plaque commissioned by BCA.
Ascendas, City Developments Limited (CDL), Nanyang Technological
University (NTU), National University of Singapore (NUS), Keppel Land
Limited, CapitaLand Limited, Housing and Development Board (HDB) and
JTC Corporation (JTC) are the eight building owners with projects
having achieved the highest green building standards. Also known as BCA
Green Mark Champions, these developers have demonstrated a strong
commitment towards corporate social responsibility and outstanding
achievements in environmental sustainability, having achieved a
substantial number of Green Mark buildings at Gold level and above. As
at 1 July 2014, projects undertaken by these Green Mark Champions
represent 13 percent of all Green Mark projects and 37 percent of Green
Mark Platinum projects in Singapore.
Contributed by David Shuttleworth,
Director, Foremost Consultants Pte Ltd & Chow Wen Si, Clasis
LLC & Tan Lee Jane, ChangAroth Chambers LLC
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Annual
Construction Law Conference
27 August 2014
 
Now in its 9th year, this year SCL’s annual
conference was held on 27 August 2014 at the M Hotel. A topical field
of interest and concern in the construction industry, risk management
was put under the scrutiny by the morning speakers. The afternoon
session then dealt with the latest developments in construction law.
The conference kicked off with opening remarks by the newly elected
chairman of SCL(S), Mr Darren Benger. The morning session that
followed, with the diversity of professions and experiences of the
speakers kept the participants exposed to the identification of risks
and approaches of risk management in dealing with construction
projects.
Speaking on the topic of “Transferring Risk – Current Challenges Facing
the Construction Industry and Mitigating Risks in Projects”, Mr Stephen
Cheong (Associate Director, Stamford Law Corporation) provided a legal
insight from the aspect of insurance as insurance plays a significant
role in the management of construction risks. He discussed the key
features and coverage of the Contractor’s All Risk (“CAR”) policy. The
audience’s attention was particularly drawn to the operation of
exclusion clauses and the issues to be considered when allocating risks
and procuring a policy.
Contributed by Moon Kua, L&S
Contract Advisory & Dispute Management Services Pte Ltd
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