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Construction Law & Practice in Changing Times

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Construction Law & Practice in Changing Times SCL (SINGAPORE) CONSTRUCTION LAW CONFERENCE 2017 CONSTRUCTION LAW & PRACTICE IN CHANGING TIMES Thursday, 14 September 2017, 9.00 a.m. to 7.00 p.m. Legends Ballroom, Hotel Fort Canning, 11 Canning Walk Singapore 178881 About this Conference Organised by: Construction Law is in an era of turbulence – impacted by changes in the construction industry, in the legal profession, and in the law itself. This year’s SCL (Singapore) Annual Conference will look at developments that have already occurred and explore possible transformations that are still to come. This Conference will feature 4 main sessions: • Deep Dive into Delay Conference Lanyard Sponsor • A Discussion on Current Issues with Defects • Updates on Developments in Construction Law • ‘Speaking of Change’: A Dialogue between Leading Practitioners Conference Thumbdrive Sponsor This Conference aims to bring together legal practitioners and construction industry stalwarts from around Asia to discuss the changing face of the construction industry. Who Should Attend • Architects, developers, contractors, engineers, project managers, consultants, managing agents, Gold Sponsors management corporations and other professionals involved in the construction industry who deal with legal, regulatory and contractual issues • Construction consultants • Law, building & construction academics and students • In-house counsel & legal officers working in the construction industry • Lawyers Continuing Professional Development Silver Sponsors Practice Area: Construction BOA-SIA – TBC Training Level: Update SIArb – TBC CPD Points: 6 PEB – TBC SISV – TBC Programme Outline 08.30 – 09.00 Registration & Refreshments Welcome Address by Chair of Morning Session 09.00 – 09.05 Mr. Alex Wong - Chairman, Society of Construction Law (Singapore) Keynote Address by: 09.05 – 09.30 Mr. Wong Heang Fine - Group CEO, Surbana Jurong Private Limited SESSION 1: DEEP DIVE INTO DELAY The session will commence with an overview of commonly used delay methodologies, with particular focus on the difference between prospective and retrospective delay analyswis. This will be followed by a lively panel discussion touching on common areas of misuse and exploring the maxims “Is Prospective Delay Analysis Dead?” and “There Is No Such Thing as True Concurrency”. Session Chairperson: 09.30 – 11.00 • Mr. Trevor Lam– Council Member, Society of Construction Law (Singapore); Head of Singapore, CTBH Panel Session Moderator: • Mr. Shourav Lahiri – Director, Lahiri LLC Speakers: 1. Ms Lucy Garrett – Barrister, Keating Chambers 2. Mr. Shourav Lahiri – Director, Lahiri LLC 3. Mr. Trevor Lam – Council Member, Society of Construction Law (Singapore); Head of Singapore, CTBH 4. Mr. Jon Prudhoe FRICS, FCIArb, FAE, FSIArb – Managing Director, Navigant APAC 11.00 – 11.20 Morning Break SESSION 2: “No one finds fault with Defects which are the result of nature” -Aristotle 384-322 BC A DISCUSSION ON CURRENT ISSUES WITH DEFECTS Construction defects have always been a source of disputes between contracting parties and of late, particularly between buyers of their private homes and the developer/designers/contractors. Panelists from Session 2 will all weigh in to provide their views of what could turn a project upside down; whether defects can be mitigated through contract provisions, good practices and compliance with building codes and standards, forensic investigation into the cause of defects and practical issues/difficulties for claimants in defects litigation in the aftermath of the recent legal developments. 11.20 – 12.50 Moderator: • Mr. Anil Changaroth - Managing Director, ChangAroth Chambers LLC Speakers: 1. Dr. Sean Brady – Managing Director, Brady Heywood Pty Ltd 2. Mr. Chan Kok Way - Managing Director of SD Architect & Associates Pte Ltd 3. Mr. Ho Chien Mien – Partner, Allen & Gledhill LLP 12.50 – 14.00 Standing Buffet Lunch Introductions & Opening Remarks 14.00 – 14.05 Mr. Toh Chen Han – Vice-Chairman, Society of Construction Law (Singapore) SESSION 3: “UPDATES ON DEVELOPMENTS IN CONSTRUCTION LAW” Construction law is constantly developing and evolving, to adapt to the changing landscape and new challenges faced in the industry. The importance of keeping abreast with these legal developments needs no explanation. The legal developments themselves however often do benefit from some considered exposition, of the kind that will be delivered by the panel of eminent construction law experts in Session 3, which will discuss the most significant recent developments in construction law both in Singapore and abroad. 14.05 – 15.35 Moderator: • Mr. Toh Chen Han – Vice-Chairman, Society of Construction Law; Partner, Pinsent Masons MPillay LLP Speakers: 1. Mr. Melvin Chan – Executive Director, Head of Litigation & Dispute Resolution, TSMP Law Corporation 2. Mr. Chow Kok Fong - LLB, BSc, MBA, FCIArb, FRICS, Chartered Arbitrator and Chartered Surveyor; Managing Director of Equitas Chambers Pte Ltd 15.35 – 15.50 Afternoon Break SESSION 4: SPEAKING OF CHANGE – A DIALOGUE BETWEEN LEADING PRACTITIONERS In this session, 4 leading construction practitioners from the region will discuss key trends and developments which are impacting the practice of construction law and the resolution of construction disputes. Following a panel discussion of the implications for the legal profession and for the industry, there will be an opportunity for questions and comments from the audience on the issues raised. 15.50 - 17.20 Moderator: • Mr. Rob Palmer – Honorary Treasurer, Society of Construction Law (Singapore); Partner, Ashurst LLP Speakers: 1. Mr. Lee Chau Ee - Council Member, Society of Construction Law (Singapore); Partner, King & Wood Mallesons 2. Dr. Colin Ong QC – Dr. Colin Ong Legal Services 3. Mr. Paul Sandosham, Partner Clifford Chance, Chartered Arbitrator, FCIArb, FSIArb 4. Ms. Marion Smith QC – Barrister, 39 Essex Chambers Conference Closing Remarks 17.20 – 17.30 Ms Kua Moon Yin - Chair, SCL (Singapore) Conference 2017 Organising Committee 17.30 - 1900 Post Conference Networking Cocktails About our Keynote Speaker Mr. Wong Heang Fine - Group CEO, Mr. Chan Kok Way - Managing Director, Surbana Jurong Private Limited SD Architect & Associates Pte Ltd Mr Wong Heang Fine is the Group CEO of Mr. Chan Kok Way is an Architect, Arbitrator, Surbana Jurong Private Limited, one of the Adjudicator, Mediator, Expert Determinator, largest Asia-based urban, industrial and Expert Witness, Registered Inspector & Fire infrastructure consulting firms. Heang Fine Safety Engineer. He is currently a Board has held many key leadership positions Member of BOA, 2nd VP SIA, Chairman of across a number of industries over the last Building Contract Committee SIA and Chairman 35 years. Most recently, he was the CEO of of Building & Construction Standard Committee CapitaLand Singapore Limited (Residential) (SPRING Singapore), Member of Singapore and CapitaLand GCC Holdings, and also Standards Council and MD of SD Architects & the Country CEO in charge of developing Associates Pte Ltd. He has been practicing as architect for 35 years CapitaLand’s business in the Gulf Cooperation Council region. Heang in the building and construction industry specialising in building and Fine was also CEO of Capitala, a joint venture company between construction works, fire safety works and alternate dispute resolutions. CapitaLand Singapore and Mubadala Development Company, UAE. Prior to this, he was President & CEO of SembCorp Engineers and Constructors Pte Ltd and was instrumental in advancing the company’s Mr. Anil Changaroth - Managing Director, engineering and construction business in South Asia. He has also held ChangAroth Chambers LLC key positions in Cathay Organisation Pte Ltd, L&M Group Investments An Arbitrator, Mediator (both commercial Ltd. and Singapore Technologies Industrial Corporation. He holds a 1st and family), and an Advocate and Solicitor of Class Honours in BSc (Mechanical Engineering) from the University of Singapore and Solicitor of England and Wales, Leeds, England in 1980 and attained a MSc (Engineering Production Anil has worked locally, internationally and in- and Management) from the University of Birmingham, England in 1981. house since 1995. His Chambers practices Heang Fine was the President of the Real Estate Developers’ Association Appropriate Dispute Resolution primarily on of Singapore from 2011 to 2012. commercial, civil, criminal & corporate matters with a focus on building, construction and infrastructure related mediation, adjudication, arbitration and litigation in the Singapore and the region. Trained Speakers & Moderators (alphabetically also in Adjudication and International Investment Treaty Arbitration, he was SCL(S) chairman 2012 to 2014, and is currently on the SCL by surname) (International)’s liaison committee (overseeing protocol amongst the 20 odd SCLs international), the Honorary Legal Advisor to the Singapore Dr. Sean Brady – Managing Director, Institute of Architects (for its Building Contracts & Small and Medium Brady Heywood Pty Ltd Architectural Practices Committees) and the Singapore Institute of Dr Sean Brady is a forensic structural engineer Surveyors and Valuers. The Chambers harnessing and/or adopting legal who specialises in identifying the cause of technology (providing a seamless largely paperless legal practice) is defects and failures in the construction and recognised as a SmartLaw practice. engineering sectors. He has acted as an independent expert in numerous proceedings involving a wide range of constructed facilities, Mr. Chow
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