About this Seminar:
Since its Inaugural Annual Construction Law Update seminar held in January 2011, SCL (Singapore) has organised an annual update that provides an overview of key legal issues affecting the construction law industry in Singapore which has been well-received as a key landmark in each year's construction law-related training calendar.
In this year’s iteration, SCL (Singapore) is pleased to present its must-attend seminar that provides an overview of key issues affecting the construction law industry in Singapore in 2019 including the Building and Construction Industry Security of Payment (Amendment) Act 2018 (the SOP Amendment Act 2018).
Our distinguished speakers, Mr Christopher Chuah and Mr Kelvin Aw will examine the ramifications of the SOP Amendment Act 2018 amendments as well as those of recent significant court decisions in Singapore (and other jurisdictions).
5.00 - 5.30pm
Registrations & Refreshments for Delegates
5.30 - 5.40pm
Opening Remarks by Chairperson:
Mr. Lee Chau Ee - Vice Chairman, Society of Construction Law(Singapore)
5.40 - 7.10pm
Recent Developments under the SOP Act
Speaker: Mr. Christopher Chuah – Partner, WongPartnership LLP
The Security of Payment (Amendment ) Act was passed in Parliament in October 2018 and will come into operation shortly. These amendments have an important impact on construction and supply contracts.
The amendments will affect timing of payment claims, payment responses, termination of contracts as well as claims for loss and expense by contractors and employers. The speaker will examine the ramifications of these amendments as well as recent case law on adjudication matters.
Developments in Construction Law 2019
Speaker: Mr Kelvin Aw – Director, CMS Holborn Asia
The speaker will discuss significant Court decisions in Singapore and other jurisdictions in 2019 affecting consultants, contractors and developers alike along the following themes:
• Performance bonds – Claiming across different contracts and excluding unconscionability as a ground for resisting call
• Fitness for purpose – The extent to which it may be implied in consultancy contracts
• Liquidated Damages - The recoverability of liquidated damages for delayed completion in various scenarios
• Practical Completion and Defect liability clauses – A re-visitation
7.10 - 7.30pm
Panel discussion and Q&A on the issues discussed by Speakers
About the Speakers:
Mr. Christopher Chuah – Partner, WongPartnership LLP
Christopher Chuah heads the Infrastructure, Construction & Engineering Practice and is a Partner in the International Arbitration, China and Myanmar Practices. In January 2018, Christopher was amongst the inaugural batch of select practitioners to be appointed Senior Accredited Specialist in Building and Construction Law by the Singapore Academy of Law with many years of experience in adjudication.
He was amongst the first batch of adjudicators to be accredited under the SOP Act and a member of the Construction Adjudication Accreditation Committee and co-editor of the Singapore Construction Adjudication Review.
Christopher has also acted as leading counsel in many landmark construction cases including the recent Court of Appeal decision in Far East Square Pte Ltd v Yau Lee Construction (Singapore) Pte Ltd.
He is also an adjunct Professor in Construction Law at the Law Faculty of the National University of Singapore.
Mr Kelvin Aw – Director, CMS Holborn Asia
Kelvin Aw is a Director in CMS Holborn Asia. He represents clients in their transactional and contentious matters in the construction, engineering, and infrastructure space. In a typical project life cycle, he advises on front-end structuring, procurement and disputes avoidance and resolution. He represents clients in large-scale development matters not only in Singapore but also in China, India, Malaysia, Indonesia, the Indo-Chinese region, and the Middle East.
Not only is he active in statutory adjudications in Singapore, he also represents clients in domestic and international arbitrations under various institutional rules. His specialist knowledge of building and construction law and tenacity puts him in a position of strength as Counsel.
Kelvin is consistently ranked as a leading individual for construction by the Chambers Asia-Pacific: Leading Lawyers for Business and The Legal 500 since 2016, and is identified in The Best Lawyers for construction in 2019. He is also recommended as a Dispute Resolution Star for construction and international arbitration by Benchmark Litigation since 2018.
He is a Senior Accredited Specialist for Building and Construction recognised by the Singapore Academy of Law, a fellow of the Singapore and Chartered Institutes of Arbitrators, and a Senior Adjudicator with the Singapore Mediation Centre.
About the Chairperson:
Mr. Lee Chau Ee – Vice Chairman, Society of Construction Law (Singapore)
Since qualification, Chau Ee has specialised as a construction and engineering lawyer. He has a cradle to grave international construction, energy and infrastructure practice, having lived and worked in a number of jurisdictions including London, Dubai and Beijing, advising and acting for clients from conception, inception to completion of a project life cycle.
Chau Ee also has an active international dispute avoidance, dispute resolution and international arbitration practice advising and acting for clients such as government-owned investment enterprises and diversified conglomerates, quasi-government agencies and multinational corporations on the Belt and Road Initiative in relation to issues arising from their investment across a broad spectrum of business sectors, mainly in transportation and industrials, and energy and natural resources.
Chau Ee has appeared as counsel, co-counsel and lead solicitor in domestic and international disputes under the auspices of international arbitral institutions (LCIA, ICC, SIAC, TAI, BANI, VIAC, DIAC, ADCCAC), ad-hoc non-institutional arbitrations (UNCITRAL) and in construction industry-specific arbitration rules such as the UK’s Construction Industry Model Arbitration Rules (CIMAR).
For more than a decade, Chau Ee has been recognised as a leading construction and engineering lawyer in leading international legal directories such as Who’s Who Legal in Construction and Euromoney’s Guide to World’s Leading Experts in Construction in a number of jurisdictions including Singapore, Dubai and Beijing.
Besides a law degree, Chau Ee also possesses an MSc in Construction Management (Project Management).
REGISTRATION CLOSING DATE: 15January 2020
FEES (includes refreshments & materials, if any)
SCL (Singapore) Members
Guests of SCL(S) Members, Members of international SCLs,
Members of:Chartered Institute of Arbitrators (Singapore) Ltd (CIArb), Chartered Institute of Building (CIOB), Lighthouse Club (Singapore) (Lighthouse), Royal Institution of Chartered Surveyors (RICS), Singapore Contractors Association Ltd (SCAL), Singapore Institute of Architects (SIA), Singapore Institute of Arbitrators (SIArb), Singapore Institute of Building Ltd (SIBL), Singapore Institute of Surveyors and Valuers (SISV), Society of Project Managers (SPM), Tunneling and Underground Construction Society (Singapore) (TUCSS), Full Time Students & Faculty of NUS Faculty of Law,
Marine Offshore Oil & Gas Association (MOOGAS)