| Date | 2020-07-03 |
| Event start | 15:30 PM |
| Duration | 1 hrs 30 min ( from 3:30pm to 5:00pm ) |
| Venue | Zoom Webinar |
| Contact | 1.5 |
| URL | Visit |
Synopsis
SIA Minor Works Contract 2012 – Administering the MWC 2012 in the light of the COVID-19 (Temporary Measures) Act
19th June 2020 [Event Over]
Speaker: Ar. Catherine Loke & Mr Anil Changaroth
The circuit breaker closure of workplaces and construction sites from 7 April to 1 June 2020, and the mandated staged resumption of work at construction sites, is unprecedented. Although the enactment of the COVID-19 (Temporary Measures) Act 2020 has brought some clarity to an uncertain environment, it remains a challenge for contract administrators to administer contracts that were written without these scenarios in mind.
This seminar, the first of a two-part series, will give some insight into the drafting philosophy behind the SIA Articles and Conditions of Contract for Minor Works 2012 (“MWC”), and examine the provisions for managing Extension of Time, Liquidated Damages and Performance Bond in the light these new challenges. The concept of Force Majeure, and the circumstances which would give rise to its applicability, will also be discussed.
The speakers will also look at how applying the same fundamental principles to the SIA Article and Conditions of Building Contract 9th Edition and the SIA Building Contract 2016 can have a different result, due to the difference in contractual wording.
| 3.00pm | Webinar Registration |
| 3.30pm | Webinar Session Commences |
| 3.30pm | Extension of Time, Liquidated Damages and Performance Bond by Ar. Catherine Loke & Mr Anil Changaroth |
| 4.30pm | Q&A |
| 5.00pm | End of Webinar Session |
SIA Minor Works Contract 2012 – Administering the MWC 2012 in the light of the recent changes to the Building and Construction Industry Security of Payment Act
26 June 2020 [Event Over]
Speaker: Ar. Catherine Loke & Mr Edwin Lee
Since the SIA Articles and Conditions of Contract for Minor Works 2012 (“MWC”) was published in 2012, there have been significant changes to the Building and Construction Industry Security of Payment Act (“SOP Act”).
Interestingly, some clauses in the MWC have proven to be ahead of its time in its approach to managing payment.
This seminar, the second of a two-part series, will give some insight into the drafting philosophy behind the MWC, and examine the provisions for managing progress payment, deduction of liquidated damages and payment in the event of termination, in the light of new legislation and recent case law.
| 3.00pm | Webinar Registration |
| 3.30pm | Webinar Session Commences |
| 3.30pm | Payment, Liquidated Damages and Loss & Expense by Ar. Catherine Loke |
| 4.00pm | Recent case law on the interpretation of contractual payment regime by Mr Edwin Lee |
| 4.30pm | Q&A |
| 5.00pm | End of Webinar Session |
SMAP & AA Committee Combined Seminar: How to pursue unpaid fees using the SOP Act
03 July 2020
Speaker: Ar. Joy Lim, Ar. Chu Yang Keng & Ar. Catherine Loke
The Building and Construction Industry Security of Payment Act (Cap. 30B) (“SOP Act”) was enactedin 2005 to “improve cashflow by expediting payment in the building and constructionindustry”. Fifteen years on, few Architects realise that the SOP Act is also applicable to consultancy agreements, and can be used to pursue unpaid fees.
This seminar will cover the technical requirements of the SOP Act, the effect of the COVID-19(Temporary Measures) Act 2020 on the operation of the SOP Act, and provide some insights fromfirsthand experience of two Architects who successfully pursued unpaid fees.
| 3.00pm | Webinar Registration |
| 3.30pm | Webinar Session Commences |
| 3.30pm | Fundamentals of the SOP Act by Ar. Catherine Loke |
| 4.00pm | How I used the SOP Act to pursue unpaid fees by Ar. Joy Lim & Ar. Chu Yang Keng |
| 4.40pm | Q&A |
| 5.00pm | End of Webinar Session |
Speakers
Ar Catherine Loke
Catherine Loke is a Partner in Lander Loke Architects and Founding President of The Circle for Human Sustainability. She is also a Member of the Board of Architects Singapore and was the Chief Examiner from 2014 to 2017.
Catherine served on SIA Council from 2012 to 2022 and was First Vice-President for Council Years 2018/2019 and 2019/2020. In SIA, she was actively involved in the drafting of the Practice Management Framework, Conditions of Appointment 4th Ed., Scope of Service Matrix and the Minor Works Contract.
Catherine teaches architectural practice at The Architects Academy and NUS, and Sustainability & Systems Thinking at Temasek Polytechnic. She is also a Certified Permaculture Designer and regularly hosts students, local groups and foreign visitors at urban farms.
In recognition of her contribution to the Built Environment industry, she was awarded the Women of the Built Environment Award at the RICS Awards 2020 Southeast Asia.
LinkedIn Profile https://www.linkedin.com/in/catherine-loke-655082200/
Mr Anil Changaroth, RHTLaw Asia
ESG Practice Co-Head at RHTLaw Asia, was in April 2023 appointed the chair of the Law Society of Singapore’s newly formed ESG Working Group. As a Mediator, Arbitrator, Dispute Board, ADR, Restorative Justice and Online Dispute Resolution practitioner, his conflict avoidance and dispute resolution practice extends to infrastructure and construction, along with most aspects of commercial, civil, and criminal and front end advisory work. Anil for last 7 to 8 years been the Honorary Legal Advisor of the Singapore Institute of Architects and Singapore Institutes of Surveyors and Valuers.
Mr Edwin Lee
Eldan Law LLP
EDWIN LEE is one of the founding partners of Eldan Law LLP. Practising for more than 25 years, Edwin has argued both major courtroom disputes and heavyweight arbitrations, whilst advising government authorities, developers, contractors, and consultants on all aspects of construction law.
He is accredited by the Singapore Academy of Law as a Senior Specialist in Construction Law. He is also cited as a leading Singapore construction law practitioner in Euromoney’s Guide to the World's Leading Construction Lawyers (2017). The Chambers Asia-Pacific Guide 2017 has cited him as “an authority on domestic construction adjudications”.
Edwin sits on the SMC Construction Adjudicator Accreditation Committee, which oversees the selection and assessment of adjudicators. He has conducted hundreds of adjudication cases, variously as counsel, adjudicator and review adjudicator. Edwin is also an accredited adjudicator in Malaysia.
Edwin has also argued many of the landmark construction law court cases. As an active advocate, he ranks as the advocate with the highest number of reported court judgments.
Projects which he has advised on include airports, condominiums, industrial buildings, luxury hotels, mass rapid train stations, offshore rigs, oil tanks, power plants, reclamation works, and roads and tunnels. Significant matters he had handled include advising on a large solar manufacturing project worth $6.3 billion, the University Town project worth $400 million, the $400 million National Art Gallery project, and a land reclamation project work worth $1.4 billion.
On real estate projects, Edwin has also headed the team in some of the largest collective sale projects in Singapore, worth a total of $2.1 billion in 2017 and 2018 alone.
Apart from his active legal practice, Edwin is also an Adjunct Associate Professor with the National University of Singapore, Adjunct Assistant Professor with the Singapore University of Technology and Design, and a trainer for the Building & Construction Authority on Construction Law.
Edwin is a general editor of the annual Singapore Construction Adjudication Review, and the author of Building Contract Law in Singapore, 2016 (3rdEdition). He is also the construction law subject editor of the legal journal by the Singapore Academy of Law, the SAL Practitioner.
Ar. Chu Yang Keng
IX Architects Pte Ltd
Ar. Chu Yang Keng is the founder of IX Architects Pte Ltd, a recognized architectural practice established since 2004. Chu graduated with a Master degree in architecture from NUS and was appointed one of the Panel of PPE Examiners with the Board of Architects, Singapore. Chu actively contributes to the fraternity and is an active member with the SIA SMAP committee member since 2009.
As a registered ASEAN architect, Chu has been practicing both locally and in the region. Cambodia is a country where Chu has built a diverse portfolio in a wide range of projects over the last decade. With a strong interest in nature centric designs, Chu aspires to create environmentally conscious architecture that inspire and enhance the quality of life. Chu’s accomplishment in social projects has also won his firm an Honourable Mention in the annual SIA Design Awards.
Ar. Joy Chew
Currently the Managing Director of Designshop Pte Ltd, Joy Chew has practiced as an architect starting as an Assistant Architect with Iversen van Sitteren Architects. Later she ventured out on her own as a sole proprietor, then in a partnership and finally as a director in a licenced architectural corporation since 2012.
She studied at the Liverpool University School of Architecture, UK and finished her final two years at the National University of Singapore. After some years of practice, she went on to obtain her M Sc in Construction Law & Dispute Resolution, a combined King’s College London – National University of Singapore programme.
Joy has been a member of the Singapore Institute of Architects since 1987 and is a Fellow of the Singapore Institute of Arbitrators. She is also an Accredited Adjudicator of the Singapore Mediation Centre since 2005.
The projects Joy has worked on whilst in practice are too numerous to list. Joy is known for careful detailing and close supervision of site work with a formidable reputation for managing disputes and delivering projects on time and within budget. Joy’s keen interest in ensuring cash flow in the difficult construction industry has led her to obtain accreditation with the Singapore Mediation Centre and she regularly sits as adjudicator in adjudication applications.
Terms & Conditions
- Fees paid are non-refundable under all circumstances.
- Ticket is non-transferable under all circumstances.
- Group registration will be subjected to group admin fee of $1 per ticket per transaction.
- Replacement/Cancellation of participant will not be allowed under group registration.