This year’s Annual Construction Law Update was held on 18 January at Royal Palm. The seminar dealt with important recent developments in construction law. Those issues are of importance not only to Singapore lawyers, but also in many respects to lawyers who practise in other common law jurisdictions.

The seminar was chaired by a Council Member of the Society, Mr Lee Chau Ee of King and Wood Mallesons. Following his thought provoking introduction, Mr Lee introduced the two main speakers, Mr Edwin Lee Peng Khoon of Eldan Law LLP and Mr Ian de Vaz of Wong Partnership LLP.

Mr Edwin Lee Peng Khoon surveyed significant recent cases and emerging issues on statutory adjudication under the Building and Construction Industry Security of Payment Act. After reviewing the relationship between the enforcement of adjudication determinations and bankruptcy proceedings, Mr Lee analysed the adjudication review process. He also considered whether payment claims can be made after a final claim has been issued. He further addressed the difficult question which has confronted judges in those common law jurisdictions with legislation analogous to the Singapore Act – where there is a defect in an adjudicator’s determination, can it be severed? Or is the whole determination invalid?

Mr de Vaz reviewed recent cases on a broad range of issues. He also reviewed the “independent contractor” defence in Singapore in light of Management Corporation Strata Plan No. 3322 v Mer Vue Developments Pte Ltd [2016] 3 SCR 51. He then explored the fundamental nature of design and build contracts and their characterisation as lump sum contracts. He also focused upon the concept of “temporary finality” – an oxymoron to non-construction lawyers – of certificates under the SIA Conditions of Contract. He also discussed the difficult conceptual issues arising from the U.K. Supreme Court’s recent jurisprudence on penalties.

The presentations by Mr Lee and Mr de Vaz were followed by questions from members of the large group of attendees.

There then followed a most enjoyable post-seminar function.

All of the speakers are to be congratulated on their highly informative and stimulating presentations which reflected their deep learning and experience.

Click HERE to view event photos. 

Contributed by:

Michael Christie SC, 6th Floor Chambers