Morning Session

Session 1 – Constructing Tomorrow: Opportunities and Challenges in the Energy Transition

Session 1 examined the role of various facets of the construction industry in realising Singapore’s energy transition ambitions.  

Mr Adrian Wong (Head of Projects, Herbert Smith Freehills) moderated a discussion amongst the panellists who offered perspectives from their respective background and experience.

Mr Tan Chee Kiat (Deputy CEO, Building & Construction Authority) spoke about the collaboration required between the private and public sector to achieve the ambitious targets of the fourth edition of the Singapore Green Building Masterplan for each stage of construction: from planning and design, through to operation and maintenance.

Mr Tay Peng Cheng (Partner, WongPartnership LLP) elaborated on the evolution of contract drafting to incorporate mechanisms, such as performance guarantees and incentives, to align the parties’ efforts in achieving energy goals and benchmarks.

Mr Dennis Tan (Executive Director, Surbana Jurong) provided an insight into how construction companies play a key role in assisting clients to understand the context of government policies around the energy transition, while also facing the challenges of building regulations being applied to novel energy projects.

Mr Manuel Hall (Director, EDP Renewables APC) shared the perspective of an investor by touching on some key elements which create favourable investment opportunities for energy projects, such as predictable regulatory environments, streamlined permitting processes, and stability in the electrical grid.

Session 2 – Predictably Unpredictable: What to do when the Price is no Longer Right?

Session 2 explored practical strategies for navigating predictably unpredictable events faced by construction projects.

Mr Kelvin Aw (Partner, CMS Holborn Asia) moderated a panel of speakers who each presented their experience of managing project uncertainties, before jointly discussing the issue as a panel.

Mr Ashith Alva (Deputy Chief Development Officer, Capitaland) shared his experience of managing risks as a developer, which start from the outset of the project by establishing accurate base costs, a solid tendering process, and risk-sharing mechanisms.

Mr Tay Ter Long (Chief of Government Procurement, Ministry of Finance) reflected on the concept of collaborative contracting and posed the question: how can we achieve a mindset shift where parties favour outcomes with shared and mutual benefits?

Ms Sinyee Ong (Counsel, Chua & Partners) delved into particular situations where insurance can cover for unforeseen physical loss or damage, while also highlighting circumstances which do not meet the criteria for insurance coverage.

The panel then discussed how contracts can provide the framework for a collaborative mindset and how this can be a challenge to integrate further downstream in the supply chain. 

Contributed by:
Roseanne Dizon - Manager, Kroll (Singapore)

Afternoon Session

Ms Kua Moon Yin (Immediate past Chairman, SCL (Singapore)) commenced the afternoon sessions with opening remarks.

Session 3 – Making Expert Evidence Great

Session 3 was an engaging panel discussion on the topic of “Making Expert Evidence Great”. The panellists were Dato’ Mary Lim (retired Federal Court Judge of Malaysia), Mr. David Thomas KC (Barrister, Keating Chambers United Kingdom), Mr Chien Mien Ho (Partner, Allen & Gledhill LLP, Singapore) and Mr. Derek Nelson (Partner, HKA, United Kingdom).

Panel moderator, Mr Kelvin Teo (Director, Drew & Napier LLC, Singapore), led the discussion on how expert evidence impacts the dispute resolution process and issues as to how to proceed when experts hold diametrically opposing views. Where experts may be perceived by tribunals as lacking true independence, the appointment of a common, or jointly appointed independent expert may be a useful, albeit uncommon, pathway for adopting expert evidence.

Session 4 – Judge GPT: AI should be used to Resolve Construction Disputes

Session 4 turned the conference into an intellectual, comedically combative debate arena. On the motion “JUDGE GPT: AI SHOULD BE USED TO RESOLVE CONSTRUCTION DISPUTES”, the debate moderator Mr. Mohan P. (Founding Partner, Pinsent Masons MPillay LLP, Singapore) ably tracked the ability of the respective teams in changing mindsets.

For the motion, were debaters Mr. Amit Garg (Managing Director, Secretariat, Singapore) and Ms. Trudie Moeller (Regional Director, Asia Pacific, Rimkus, Singapore). Against the motion, were Ms. Amanda Lees (Partner, King & Wood Mallesons, Singapore), and Mr. Paul Sandosham (Partner, Clifford Chance Asia, Singapore), who was later voted Most Entertaining Speaker.

The debate also invited hilarious comments from the audience with legitimate public policy concerns. The team for the motion won by a hairline margin, no doubt helped by Mr. Amit Garg’s AI-assisted cake recipe.

Conference Closing

The conference closed with remarks by Ms. Joanna Seetoh (Vice-Chairman, SCL (Singapore)).

This edition of the SCL (Singapore) annual conference was a highly successful one, whether in terms of attendance, the quality and profile of the speakers and rich content of the panel discussions.

Contributed by:
Lesley Tan - Partner, WongPartnership LLP

Post-Conference Networking Drinks

Following the insightful discussions and presentations at SCL(S) Conference 2024 on 2 October 2024, attendees were invited to unwind and network at the post-conference drinks session at M Hotel’s J Bar. The setting was tailor-made for attendees to relax, catch up, and continue conversations sparked during the conference.

The atmosphere was friendly and informal, offering everyone an opportunity to socialise beyond the structured conference setting. Many attendees took the chance to reconnect with old colleagues, while others made new contacts within the construction law community, all while enjoying a selection of drinks and refreshments.   

As the evening progressed, it was clear that the post-conference drinks session was not just a time to unwind but also an important space for building relationships, both old and new. It wrapped up the day on a high note, leaving attendees with a sense of connection and optimism for future collaborations within the construction law sector.

We look forward to seeing these connections strengthen in the months to come!

Contributed by:
Justin Tan - Council Member, SCL (Singapore)

Click HERE to view more Conference photos. 

Click HERE to download the Keynote Address delivered by
Judicial Commissioner Alex Wong, Supreme Court of Singapore.