The seminar on "Negligence in the Construction Industry - The Court of Appeal case of Jurong Primewide PL vs Moh Seng Cranes PL" which was chaired by Mr Brendon Choa (ACIES Law Corporation), provided a refreshing insight on the responsibilities and duties of care of the various stakeholders imposed in a construction project by the Workplace Safety and Health Act ("WSHA"). The speakers, Ms Lynette Chew (Stamford Law Corporation) and Mr Raymond Lye (Union Law LLP) dealt specifically with duties of care owed by the various parties despite the various tiers of relationship interspaced between the main contractor and its downstream sub-contractors.

In this regard, with the wide ambit and scope of application of the WSHA, it appears that occupiers of the site, namely the employers of the projects, will no longer be the parties solely liable for the safety aspects of the worksite. The interplay between the statutory and tortious duties of care has now extended the responsibilities and duties of care of the same to the other stakeholders also on site, who can no longer hide behind a shield of being displaced down the line due to the interspacing of various other parties in the chain of command. While one may argue that this may impose more obligations on the smaller sub-contractors, the law appears to be taking a step in the right direction to ensure that safe practices are implemented at the worksite.

The talk was informative for the audience, especially in relation to the legal implications of a subject which is often overlooked by stakeholders in the industry, but which is increasingly gaining attention for its potential ramifications on the apportionment of risks in contracts.

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Contributed by 
Seng Yen Ping 
WongPartnership LLP