Legal and Contractual issues for time and cost claims in the post-COTMA era
There has been great time and cost impact on construction contracts as a result of COVID-19 as well as key legislation passed in the past year addressing it - i.e. the COVID-19 (Temporary Measures) Act (“COTMA”). As COTMA reliefs expire in the near future, there will be further adjustments required of project parties in the new normal. This seminar seeks to address whether and how project parties may have to adjust their approaches to time (EOT) and cost (L&E) claims under construction contracts in a post-COTMA world.
Mr Christopher Chuah, Partner, Wong Partnership 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. He is also an adjunct Professor in Construction Law at the Law Faculty of the National University of Singapore.
Recent Case Law Development
The COVID-19 pandemic has disrupted many construction projects in Singapore. Whilst the government has introduced various measures including the COVID-19 (Temporary Measures) Act 2020, contract administrators need to be mindful on developments in construction law. The speaker will discuss some recent court decisions affecting two common flashpoints. The speaker will touch on the court’s approach to liquidated damages and delay analysis as well as a contractor’s right to claim for payment for varied works.
Mr Soh Lip San, Head, Construction and Projects, Rajah & Tann Singapore LLP
Lip San leads a team of lawyers in the Band 1 projects and energy practice which covers all aspects of construction and engineering law. With over 25 years of experience, he has advised on and acted as counsel in various projects, both domestic and international. Lip San is an accredited adjudicator and has also been appointed as an assessor under Singapore’s framework to offer relief to parties affected by the Covid-19 pandemic. He was named as a Senior Accredited Specialist for Building and Construction Law in the inaugural batch of the Singapore Academy of Law’s Specialist Accreditation Scheme.
Mediation: The means to a peaceful end in the post-COTMA ERA
As the prescribed period comes to an end, simmering differences between stakeholders in construction projects might potentially erupt into full-fledged disputes. While many in the construction industry are already familiar with litigation, arbitration, and statutory adjudication – one lesser-known item in the dispute resolution toolbox is worth discussing: Mediation. This session will discuss the benefits of mediating construction disputes in particular, the different forms of mediation or other ADR mechanisms available to parties, and some of the institutions that offer mediation services in Singapore. Some “Dos” and “Don’ts” of how to prepare for a successful mediation will also be shared.
Mr Reuben Peter, Partner, Dentons Rodyk & Davidson LLP
Reuben Peter is a Partner in the litigation and dispute resolution department at Dentons Rodyk & Davidson LLP and also holds the appointment of Practice Manager for the construction practice. He graduated from the University of Cambridge. Reuben is frequently engaged as counsel in construction and engineering disputes and has a particular focus on Delay-related claims. He has been involved in contentious work in Singapore and the region concerning the construction of petrochemical plants, desalination and water treatment facilities, pipelines, commercial buildings, mass rapid transit projects, integrated residential complexes, data centres, as well as in dredging and land reclamation projects.
Mr Desmond Hill, Council Member, Past President and Honorary Life Member of SCAL