The 2013 edition of the SCL(S) Annual Construction Law Conference was held at the M Hotel on 11 September. After an opening address by the Society’s Chairman, Anil Changaroth, the keynote address was delivered by Mr Seah Choo Meng, Director of Langdon & Seah Singapore. Mr Seah considered the implications of the recent changes to the foreign labour policy on productivity in the construction industry. With a perspective shaped by more than forty years in the industry, Mr Seah traced the development of the foreign worker policy since the 1970’s and suggested that, until recently, the policy was not conducive to productivity. The recent changes in which greater restrictions had been imposed would cause some temporary anguish but would have the eventual effect of increasing productivity and decreasing costs.

Visiting speaker Ms Rashda Rana, Barrister with Ground Floor Wentworth Chambers & Atkin Chambers, dwelt on the question of implied obligations in construction contracts. The paper centred on the issue of good faith and examined decisions from Australia in which the principle of good faith had been implied. Noting that the concept of good faith was not currently recognised in England, Ms Rashda considered the prospects for the emergence of the notion in the English courts.   

Considering the matter of restraint on calls on performance bonds were Professor Michael Furmston from the Singapore Management University and Mr Edwin Lee, Partner with Eldan Law LLP. The former examined the limited circumstances under which an injunction may be sought to restrain demands under a performance bond, whilst Edwin Lee set out the position in Singapore.

A particularly topical field of interest in the Singapore construction industry, the use of Building Information Modelling (“BIM”) was put under the microscope by Mr Paul Wong, Partner with Rodyk & Davidson LLP, who considered the legal implications attached to the use of this technology.

Mr Christopher Chuah, Partner with WongPartnership LLP, launched the afternoon session with an analysis of the latest judicial pronouncement on frustration and force majeure in construction contracts, with reference to the recent decision in Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2013] SGHC 127. A particular point of interest was Mr Chuah’s analysis of the Singapore standard form contract provisions in relation to force majeure, wherein, it was noted, some forms lacked definition of the concept.

Ms Nerys Jefford, a visiting Queens Counsel from Keating Chambers, gave an update on international construction law from the UK perspective. In a presentation laced with anecdotes Ms Jefford led the delegates through issues relating to letters of intent, delay, professional negligence, arbitration and the NEC3 contract.  

Finally, Mr Chow Kok Fong, Managing Director of Equitas Corporation Pte Ltd, looked at the abuse of process in adjudication proceedings.  He noted the frequent raising of this issue in Singapore since the Court of Appeal case of Chua Say Eng v. Lee Wee Lick Terence (2013). Mr Chow contrasted the situation in Singapore with that in UK and noted fundamental differences in approach.  

To round off the evening, conference participants were treated to an evening of networking cocktails sponsored by Sweet & Maxwell Asia in support of the launch of “Singapore SIA Form of Building Contract” authored by Mr Chow Kok Fong and graced by Honourable Justice Belinda Ang. Thus ended a most agreeable day notable for the quality of the speakers as well as for the breadth of the presentations.  The excellent turn-out for the event was clearly no coincidence.

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Dr Chris Vickery

Architects Team 3 Pte Ltd