About this Seminar

Global events in the last three years have caused - and continue to cause - disruption in financial markets and supply chains, increasing costs of labour, resources, materials and transportation, and a downturn in economic activity generally. The construction industry has felt that impact as much as any other, resulting in delayed or suspended projects, shortage of money to finance projects, insolvency, contractors unable to proceed with construction activities, and the rendering of some projects no longer to be viable.  As a consequence, there has been a sharp increase in the number of terminated contracts.  This reflects a hardening of attitudes within the market; where a party might seek to cut its losses or where it has run out of patience with its counterparty. In these circumstances, parties need to consider the strategy and the lawfulness of termination, their rights and obligations, and how to ensure that they maximise the recovery of their financial position post-termination.

Join us for this informative session where our panel of speakers will share their insights on how to develop strategies to control your fate if you decide to terminate.

Seminar Programme

About the Speakers:
Mr. Sam Boyling – Partner, Pinsent Masons MPillay LLP

Sam is a Partner in the Infrastructure and Energy team, working in our Singapore and Beijing offices. Sam joined Pinsent Masons in London in 2004, was made a partner in 2012 and moved to Beijing in 2014.  Since early-2020, he has split his time between Singapore and Beijing. In 2022, Sam was appointed head of the firm’s disputes team in Asia. Sam advises Chinese contractors and investors in relation to infrastructure and energy projects around the world. His practise focuses on work as project counsel in the implementation phase and in the resolution of disputes on major projects. His dispute resolution work is in the Courts, arbitration, adjudication, mediation, conciliation and commercial negotiation.  He has advised Chinese contractors and investors in relation to projects throughout Asia, the Middle East, Africa, Europe, South America and Australia. As well as advising clients on the strategy for the resolution of complex and high value disputes, Sam leads teams of lawyers in drafting pleadings in arbitrations and Court proceedings, the preparation of witness statements and closely manages the preparation of expert reports across a range of sectors and in many different jurisdictions.  Sam also works as an advocate before tribunals in international arbitration. Sam has experience appearing and advising in arbitrations under the institutional rules of the ICC, SIAC, HKIAC, LCIA, LMAA and SCC. Sam has higher rights of audience in the English courts as a Solicitor Advocate and has a degree of Masters of Law, with Distinction, in International Arbitration from the Queen Mary University of London.

Mr. Jim Chessell – General Manager and Director, BKAsiaPacific (Singapore) Pte Ltd

Over Twenty five years’ experience in Quantity Surveying, Commercial and Contract Management, and Dispute Resolution Services including being an Expert in arbitration, State Court, High Court and mediation proceedings. Projects cover building, civil engineering, infrastructure, and oil & gas works in both the UK and Southeast Asia and in fields ranging from stadiums, power plants, desalination plants, M&E, ICT, social housing, education, infrastructure, transport, pharmaceuticals, healthcare, retail, commercial buildings, residential, offices and sports and leisure facilities. Professional experience covers both quantity surveying and project management/employer’s representative on a wide range of construction and civil engineering projects in both the private and public sectors. Such experience covers the full project cycle from feasibility studies, cost planning and preparation of bills of quantities/pricing schedules and tender and contract documents through contract administration to final account and closeout. Aside from traditional quantity surveying activities such as measurement, contractor/client negotiations, interim progress claims, final accounts, and terminations, he specialises in claims assistance and advising clients on how to tackle fundamental business and contractual matters. Focus is on claims avoidance on behalf of employers, contractors, subcontractors, and suppliers and trying to prevent disputes originating in the first place. Regularly involved in financial negotiations, delay analysis, quantum calculations and alternative dispute resolution (mediation, adjudication, and arbitration proceedings). Acted as an expert witness in arbitration and litigation, represented Clients in adjudication conferences (Singapore Security of Payment Act).

Ms. Aleesha Way – Senior Associate, Pinsent Masons MPillay LLP

Aleesha is a Senior Associate in the Infrastructure and Energy team with over 13 years’ experience specialising in construction contentious matters. As an emerging leader, Aleesha manages matters as project counsel right through to dispute resolution, including adjudication, alternate resolution methods, arbitration (domestic and international) and court matters. Aleesha’s expertise has been gained by providing project support, claims and advisory services, and managing large-scale disputes across a range of projects including solar, dams, road and rail, power and construction. Aleesha has a strong grasp of the technical and legal issues arising from infrastructure and energy disputes, bringing to bear her previous experience working as in-house counsel for construction and engineering companies.

About the Chairperson

Mr. Trevor Lam – Director – Asia, TBH; Vice Chair, Society of Construction Law (Singapore)

Trevor is the Vice Chair of the Society of Construction Law (Singapore). Trevor has over 21 years of experience across the globe and is currently a Director of TBH’s Asia business. He is a construction planner and delay expert.  His experience has been built on a variety of projects including data centres, airports, roads, rail, mixed-use developments, hospitals, shopping centres, oil & gas, power and sporting facilities. Over his career, he has been engaged in the provision of independent expert analyses on extensions of time, disruption and acceleration.  This has included the preparation of analyses, reports and acting as the Expert for litigation, arbitration, adjudication and mediation proceedings. To stay current, Trevor continues to maintain a strong involvement in the delivery of live projects; planning works from conception to completion across a diversified client base including owners, contractors and sub-contractors.  As a result, it has helped in developing a wide-ranging perspective on construction issues that commonly arise.

Click HERE for the seminar brochure. 

Continuing Professional Development  

Practice Area: Building & Construction Training Level: General CPD Points: 1.5