A Practical Workshop in Building and Construction Dispute Resolution

This event is fully subscribed. To join our waiting list, please write to les@sal.org.sg.

 

Date/ Time: 28-29 May 2024 (9.30am - 5.15pm)
Venue: SAL, Stamford 1 & 2, The Adelphi #08-08, 1 Coleman Street (S179803)

 

The workshop takes place over two days covers contentious issues that regularly occur in building construction projects and disputes: payments and variations; time and delays and termination. Each session is led by Senior Accredited Specialists in Building and Construction Law and covers the legal principles and developments pertaining to these issues with a tutorial thereafter. Participants can also expect to be guided on the practical aspects of the construction dispute process: cause papers, witness selection and conferencing, use of experts, Scotts Schedule, written submissions and preparing document bundles.

 

Early Bird Member Rate (until 30 April 2024)
$1,075.00  (before of GST)

Early bird Non-member Rate (until 30 April 2024)
$1,345.00 (before GST)

Member Rate
$1,345.00 (before GST)

Non-member Rate
$1,680.00 (before GST)

 

SkillsFuture Credit (for self-funded individuals only)

All Singaporeans aged 25 and above can utilise their SkillsFuture Credit from the government to cover a wide range of approved skills-related courses. You can explore available courses on the MySkillsFuture website. Please note SkillsFuture Credit is not applicable for company sponsored individuals.

 

Participants who wish to use their SkillsFuture Credit to partially offset the course fees are requested to email les@sal.org.sg for instructions prior to registration. If you have already made an initial self-payment for a course in full, you will not be able to use SkillsFuture Credit for the course. You may use your SkillsFuture Credit for subsequent courses.

SGD 1,831.20

CPD Points : 12

CS CPD
Fully Subscribed
Day 1, 28 May 2024
9.00am Registration
9.30am

Module 1: Construction Lawyer’s Toolkit (Chow Kok Fong and Edwin Lee)

This session deals with the matters commonly encountered in construction arbitration, adjudication and litigation: the preparation required and expected of construction
lawyers, selection of arbitrators, use and selection of expert witnesses, preparation of Scott Schedules, documents available for discovery, witness conferencing and the preparation of bundles of documents. Participants can also look forward to hearing from the quantum and delay expert Mr Adrian Kong of Ankura on delay analysis in construction disputes and the use and selection of expert witnesses.


Construction Lawyer’s Toolkit
- Cause Papers – Notice of Arbitration and Response to the Notice of Arbitration
- Selection of Witnesses
- Witness Conferencing

- Use of Experts

11.30am Break
11.45am Construction Lawyer’s Toolkit continued
- Scott Schedule
- Written Submissions
- Preparing the Document Bundles
12.15pm Tutorial
12.45pm End of Module 1/ Lunch
2.00pm Module 2: Payments and Variations (Christopher Chuah and Edwin Lee)

The session covers both the theoretical and practical aspects of claim preparation for payment and variation claims. These would include pointers on preparation of claims in accordance with the requirements of the contract, providing the necessary substantiation for valuation and how factual and expert evidence on such claims can be led or produced in adjudication and other hearings.

Payments and Variations
- Nature of Disputes
- Scope of Works
- Payment Claims
- Variation Claims
3.30pm Break
3.45pm Payments and Variations continued
- Determining Payment Quantum
- Witness Evidence
- Expert Evidence
- Preparing the Document Bundles
4.45pm Tutorial
5.15pm End of Day 1

 

 

Day 2, 29 May 2024
9.00am Registration
9.30am Module 3: Time and Delays (Ian de Vaz and Paul Sandosham)

Every construction project will specify a date for construction of the works i.e. the contract completion date. However, delays on construction projects are inevitable. All standard form construction contracts contain provisions to address this scenario and allocate the risk between the owner and the contractor. This session covers legal concepts unique to construction projects, namely, concepts such as extensions of time, acts of prevention and time at large. It also discusses the consequences of the contractor being late in completing the works and the remedies available to the employer, namely, the right to impose liquidated damages for each day of delay.

Time and Delays
- Contract Completion Date
- Construction Programme
- Ascertaining Completion of the Works
- Nature of Disputes
11.00am Break
11.15am Time and Delays continued
- Issues relating to Extensions of Time
- Delay Analysis
- Liquidated Damages
12.15pm Tutorial
12.45pm End of Module 3/ Lunch
2.00pm Module 4: Termination (Raymond Chan)

This session examines termination under building contracts: the rights available to both the employer and the contractor to terminate the contract, the concept of the termination of the employment of the contractor, the usual disputes which arise following termination, the procedure to be complied with to effect a valid termination under the xontract and general law and the effect of both a valid and invalid termination on the rights and obligations of the parties. There will also be a discussion
on the provisions relating to termination under the various forms of building contract in use in Singapore.

Termination
- Nature of Disputes
- Law relating to Termination
- Termination by the Employer
- Termination by the Contractor
3.30pm Break
3.45pm Termination continued
- Post-Termination Matters
- Completing the Works
5.15pm End of Module 4 and Workshop

Mr Raymond Chan SAS (BC)

Senior Partner, Chan Neo LLP 

 

Raymond Chan has practiced in the specialised area of Building and Construction Law for over 30 years and is one of the most recognised names in the construction legal industry: he is identified in the 2002-2017 Editions of International Who’s Who of Construction Lawyers as one of the leading construction lawyers in Singapore and is one of 13 senior members of the Singapore Bar who has been recognised as Senior Accredited Specialist in Building and Construction Law by the Singapore Academy of Law. He is also a Senior Adjudicator of the Singapore Mediation Centre, Chairman of the REDAS Conciliation Panel, Honorary Legal Advisor to the Singapore Real Estate Developers Association (REDAS), the Singapore Institute of Architects (SIA) and the Singapore Institute of Surveyors and Valuers (SISV). 

 

Raymond has represented developers, contractors and design consultants in disputes in the High Court and in arbitration proceedings and was counsel for an international engineering consultancy firm in the Commission of Inquiry on the collapse of Nicoll Highway. He is also widely recognised in the field of arbitration: he is a Past President of the Singapore Institute of Arbitrators and has been identified by Euromoney Legal Media Group as one of world’s leading experts in commercial arbitration. He drafted the SIA Arbitration Rules and the Arbitration Rules of the National Energy Market of Singapore. He was the Course Director of the Fellowship Assessment Course conducted by the Singapore Institute of Arbitrators from 2012-2015. He has been appointed by the ICC, SIAC, SIArB and the Law Society as both Sole Arbitrator and member of a Tribunal in numerous local and International Arbitrations. 

Mr Paul Sandosham SAS (BC)
Managing Partner, Cavenagh Law LLP 

 

Paul Sandosham, Managing Partner of Cavenagh Law LLP, heads the Energy, Infrastructure and Resources (Disputes) practice for South East Asia. He focuses on dispute resolution (litigation, mediation & international arbitration) in the energy, power, oil & gas, infrastructure, construction, engineering, rail, transport, utilities, natural resources, international trade and commodities sectors. 

 

Paul acts as counsel in court and international arbitration proceedings (under ICC, SIAC, DIAC, ADCCAC, UNCITRAL, ICSID etc. Rules) for various parties in disputes arising out of complex cross-border disputes. Paul is a qualified Chartered Arbitrator. He is a fellow of the Chartered Institute of Arbitrators and Singapore Institute of Arbitrators. 

 

Paul is recognised as a leading dispute resolution practitioner in numerous independent legal directories. 

Mr Ian de Vaz SAS (BC)

Partner, WongPartnership LLP 

 

Ian de Vaz is the Head of the Infrastructure, Construction & Engineering Practice and Partner in the International Arbitration and Middle East practices in WongPartnership LLP. He has been recognised as a leading construction lawyer by all the leading legal directories such as Chambers Global; Chambers Asia-Pacific; The Legal 500: Asia Pacific; The Legal 500: Europe, Middle East & Africa; IFLR1000: Energy and Infrastructure; Asialaw Profiles and Best Lawyers. 

 

In January 2018, Ian 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. Ian has a diverse practice in construction and civil engineering work, spanning the full spectrum from front-end drafting and dispute avoidance to dispute resolution. Ian also sits as arbitrator in international construction arbitrations administered by the Singapore International Arbitration Centre (SIAC) and is a member of Dispute Adjudication Boards for mega construction projects in East Africa and Bangladesh. 

 

In 2022, Ian was appointed by the Law Society of Singapore to its Building & Construction Law Committee - a new standing committee intended to facilitate knowledge-sharing in the subject area and to seek opportunities for professional growth, development and engagement, both within and outside Singapore. 

 

Outside of practice, Ian serves as Adjunct Professor in the Faculty of Law, NUS, where he has been teaching construction law since 2004. He has contributed widely to all the leading texts in Singapore: Singapore Precedents of Pleadings (2006, 2015 editions), Law and Practice of Construction Contracts (4th ed, 2012, 5th ed, 2018), Security of Payments and Construction Adjudications (2nd ed, 2013)  and  Halsbury’s  Laws  of  Singapore–   Building   and   Construction  (Vol  2),  (2019  Reissue).  He  is  currently Contributing Editor of the Singapore of Construction Law (SingJCL). 

Mr Edwin Lee SAS (BC)

Founding Partner, Elden Law LLP 

 

Edwin Lee is one of the founding partners of Eldan Law LLP. Practising for more than 25 years, Edwin is accredited by the Singapore Academy of Law as a Senior Accredited Specialist in Building and Construction Law.  

 

He is also cited as a leading Singapore construction law practitioner in Euromoney’s Guide to the World's Leading Construction Lawyers (2017). The Chambers Asia-Pacific Guide 2017 has cited him as “an authority on domestic construction adjudications”.   

 

Edwin sits on the SMC Construction Adjudicator Accreditation Committee, which oversees the selection and assessment of adjudicators.  He has conducted hundreds of adjudication cases, variously as counsel, adjudicator and review adjudicator.  Edwin is also an accredited adjudicator in Malaysia. Edwin has also argued many of the landmark construction law court cases.  As an active advocate, he ranks as the construction law advocate with the highest number of reported court judgments.  

 

Apart from his active legal practice, Edwin is also an Adjunct Associate Professor with the National University of Singapore, Adjunct Assistant Professor with the Singapore University of Technology and Design, and a trainer for the Building & Construction Authority on Construction Law. Edwin is the co-author of Confidentiality in Arbitration (2007), a general editor of the annual Singapore Construction Adjudication Review, and the Construction Law editor for the Singapore Academy of Law’s online journal SAL Practitioner.  He is the author of the book Building Contract Law in Singapore (2016, 3rd Edition). 

Mr Christopher Chuah SAS (BC)

Managing Partner, Christopher Chuah Law Chambers LLC 

 

With over 30 years of experience advising on issues such as front-end drafting, and construction disputes in litigation, arbitration and statutory adjudication, Christopher is highly regarded for his ability to address complex issues and provide strategic and practical advice to his clients. The Singapore Contractors Association Limited and Singapore Institute of Architects are some of the organisations that regularly seek Christopher’s legal expertise with construction contracts and cases.

 

A leading figure in his field of building and construction, Christopher is recognised by his peers for his contributions and insights on the industry. He is one of the select practitioners inaugurally appointed as a Senior Accredited Specialist in Building and Construction Law by the Singapore Academy of Law, and an accredited adjudicator under the Building & Construction Industry Security of Payment Act (Cap 30B).

 

Christopher has been appointed to the Singapore International Arbitration Centre's Main Panel of Arbitrators and serves on the Panel of Arbitrators of the Asian International Arbitration Centre. He is also a Fellow of the Chartered Institute of Arbitrators, and the Chartered Institute of Building.

Mr Chow Kok Fong  

Managing Director, Equitas Chambers 

 

Chow Kok Fong is a Chartered Arbitrator and currently practises as a mediator, arbitrator and adjudicator. He was previously CEO of Changi Airports International and of the Construction Industry Development Board and has held many other senior appointments with several large real estate and construction companies. During his career in the real estate sector, his projects garnered 17 awards, including the FIABCI Prix d'Excellence. His tenure at Changi Airports International, also saw his team conferred the accolade Airport Investor of the Year 2008.  

 

As an arbitrator and mediator he has presided in matters from the Singapore International Arbitration Centre, Singapore Mediation Centre, International Chamber of Commerce, Hong Kong International Arbitration Centre, Asian International Arbitration Centre and UNCITRAL Arbitration Rules. He is Founder President of the Society of Project Managers and past Chairman of the Society of Construction Law. Currently, he chairs the Construction Adjudicators Accreditation Committee of the Singapore Mediation Centre.  

 

He has authored 18 books including the two-volume work Law and Practice of Construction Contracts (5th edition 2018) and Security of Payments and Construction Adjudication (1st and 2nd editions), Security of Payments and Construction Adjudication (2nd edition 2013), Construction Contracts Dictionary (2nd Edition 2014), Commentary on Singapore SIA Standard Form (2013); Commentary on the REDAS Standard Form (2014) and Commentary on the PSSCOC (2015). He is Founding General Editor of the Singapore Construction Adjudication Review and Singapore Journal of Construction Law.  

 

On 1 November 2013, he was awarded the quinquennial Singapore Academy of Law Award 2013 for contributions in promoting and advancing the development of Singapore law. In 2018, he was conferred a National Day Award for services to the Singapore Academy of Law. 

SILE Accredited CPD Activity

Number of Public CPD Points: 12 

Day 1: 6 Public CPD Points | Day 2: 6 Public CPD Points

Practice Area: Building and Construction

Training Level: General

SILE Attendance Policy

Participants who wish to obtain CPD Points must comply strictly with the Attendance Policy set out in the CPD Guidelines. For this activity, participants are reminded to sign in on arrival and sign out at the conclusion of each day of the event in the manner required by the organiser. Participants must not be absent from each day of the event for more than 15 minutes. Participants who do not comply with the Attendance Policy on any particular day of the event will not be able to obtain CPD Points for that day. Please refer to http://www.sileCPDcentre.sg for more information.

 

For enquiries related to this event, please email les@sal.org.sg.

Write Your Own Review
Only registered users can write reviews. Please Sign in or create an account

Recently Viewed Products