On 27 January 2022, the Society held its ever popular Annual Construction Law Update. This is the 2nd year running that this event was held virtually due to the COVID-19 pandemic. This webinar was delivered by 2 esteemed construction law practitioners, Ms. Laina Chan (Barrister, Chair, Society of Construction Law Australia; Director, Australian Construction Industry Forum) and Mr. Christopher Chong (Director, Dispute Resolution, Head, Construction & Engineering, Drew & Napier LLC).

2022 also marks the 20th Anniversary of the formation of SCL (Singapore). As such, it was apt that this event (which traditionally is the Society’s first event of the calendar year) started off with Mr. Anil Changaroth (Council Member) launching the 20th Anniversary Logo and announcing the exciting line of programmes in conjunction with the 20th Anniversary celebrations. This year’s celebrations will be centred around the theme of Sustainability, which is a key role faced by the construction industry even as it addresses the challenges of COVID-19 recovery in coming years.

The webinar thereafter started proper with Ms. Laina Chan taking the stage with her presentation on recent construction cases from the different states and territories of Australia. The presence of Ms. Laina Chan showcases the broadening of this event’s traditional geographical focus so that participants can keep abreast of key legal developments around the world, especially in this increasingly globalised climate.

Ms. Laina Chan’s presentation was split into 2 parts:

• Part 1 addresses Security of Payment cases, including significant amendments to the Building and Construction Act (WA) (Security of Payment) in Western Australia and the various decisions by the different Courts in Australia on issues relating to the various Security of Payment acts from the different states and territories of Australia.

• Part 2 of Ms. Laina Chan’s presentation focussed on decisions of interests by the Australian Courts relating to construction disputes such as Delay Analysis, the Prevention Principle, Restitution Unjust Enrichment and Performance Bonds

The second half of the session was delivered by Mr. Christopher Chong, who focussed on key Singapore cases from 2021. Mr. Chong’s presentation focussed on the following areas:

• Decision on Variations – Vim Engineering Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2021] SGHC 63 (on validity of oral variations);

• Decisions on Liquidated Damages – Crescendas Bionics Pte Ltd v Jurong Primewide Pte Ltd [2021] SGHC 189 (on whether liquidated damages rate operates as a cap on general games – compared with decision of the UK Courts in Eco World v Dobler [2021] EWHC 2207 (TCC)) and Zhong Kai Construction Co Pte Ltd v Diamond Glass Enterprise Pte Ltd [2021] SGHC 277 (High Court allowing claim for Liquidated Damages after abandonment/termination of contract – compared with decision of the UK Courts in Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29);

• Decisions on SOPA – Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd [2021] 2 SLR 510 (Adjudication determination as basis for winding up proceedings) and Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] 4 SLR 862 (Pay when paid clauses); and

• Decision on performance bonds – AXA Insurance Pte Ltd v Chiu Teng Construction Co Pte Ltd [2021] 2 SLR 549 (on Conditional performance bonds) and Goldbell Engineering Pte ltd v Etiqa Insurance Pte Ltd [2022] SGHC 1 (on injunction restraining the extension of a performance bond).

The talk was followed by an engaging Q&A session, chaired by the Society’s Vice Chairman, Ms. Moon Kua, where our speakers shared their respective learned views on the cases and decisions that were presented.

Once again, the Annual Construction Law Update did not disappoint with lots of takeaway gained from this webinar.

Contributed by:

Syafiq Lim - Senior Associate, Changaroth Chambers LLC