Issues such as variations, extensions of time and critical completion can have the most critical impact on cashflow in a construction project. Significant amounts of money often turn on whether they are accepted as having taken place on a particular project. They all, of course, involve one single critical common feature – the certifier. He is known by a number of names in the Singapore construction industry - Architect, Superintending Officer (SO) or Engineer.

The independence of the certifier is a vexed subject not least because the Engineer/SO is often the employee of the Developer and the architect is sometimes viewed as too commercially wedded to the Developer. This very often raises the question of whether the concept of a truly independent certifier is ever possible in reality.

David proved eminently well qualified to discuss the topic. He has been in practice at Atkin Chambers in London for over 20 years, acting for governments, private employers, contractors and professionals both domestically and internationally. He is a leading practitioner in the fields of construction, energy and natural resources.

He proved an expert guide as he whisked the audience through an impressive tour of some very important cases on the subject. David proffered the view that the key element of an independent certifier is not really independence, but rather fairness.

 

The end of his talk was quickly followed by an enthusiastic round of questions. As the session concluded it was evident that David had very much lived up to his (well earned) reputation (as observed by Chambers and Partners 2009) of being “frighteningly clever …[and]… never short of a bright and articulate response to any question”.