DESIGN & BUILD
Contracts and Risk Management
Practical Tools to Minimise your Design-Build Project Risks and Maximise your Competitive Edge
23 October 2012
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9.00am - 5.00pm
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Traders Hotel, Singapore
Design-Build construction contracts, as a project delivery system, continue to gain popularity in Singapore. However, this
project delivery turns out to be a risky system for both owners and contractors unless the risks are properly identified, analysed,
and managed throughout the bid preparation and project execution stages. It is therefore imperative for parties involved to
be familiar with the various issues which may arise and more importantly, the measures to mitigate these risks to ensure the
success of design-build projects. The conference will provide up-to-date legal, contracting and risk management knowledge
and strategies. This knowledge is vital for reducing losses, improving overall performance and increasing the competitive
edge of the parties involved.
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Design-Build Contracts & Risk Management is an intensive 1 day conference targeted at Construction
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Professionals. Attend and hear best practices for pre-tender stages and risk allocation through to contract
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drafting and dispute management from industry practitioners and experts.
Disc Sep 20
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Featuring Expert Insights from :
Tan Liam Beng
Director
Drew & Napier LLC
Jagateesan Sathiaseelan
Partner
Allen & Gledhill LLP
Paul Wong
Partner
Rodyk & Davidson LLP
Anil Changaroth
FCIArb FSIArb, Partner
Aequitas Law LLP
Kelvin Aw
Director
inca Law LLC
Soh Lieh Sieng
Regional Director
Charlton Martin Group
Looi Ming Ming
Partner
Eldan Law LLP
Why You Should Attend:
• Understand legal and contractual issues commonly encountered in design-build
contracts
• Discover optimal practices to avoid disputes and minimise inherent risks, costs
and disruption to your projects
• Be updated on the Option Module in the REDAS Design and Build Conditions of
Contract - A look at implications and potential dispute drivers
• Learn about successful strategies for navigating the pre-tender stages of a construction project
• Know what constitutes to an unfair tendering process and its consequences
• Master complexities of insurance and indemnity clauses in design-build contracts
• Gain tools for successful negotiation and drafting of design-build contracts
• Analyse key misconceptions on the terms and obligations commonly implied in
design-build contracts
• Identify strategies for managing parties’ roles, responsibilities and liability
through effective risk allocation
• Rights and obligations of parties upon termination of contract including design
ownership issues
• Current trends in alternative dispute resolution (ADR) specific to design & build
disputes
• Hear success stories and strategies to best manage and resolve design & build
disputes
Who Should Attend :
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Developers
Contractors
Sub-Contractors
Suppliers
Architects
Engineers
Surveyors
Claims professionals
Construction Lawyers
• Project Managers
• Commercial Managers
• All professionals involved
in construction projects
from both the public and
private sectors
Organised by:
Call: +65 6310 7761 | Fax: +65 6891 0237 | Email: register@magnuslink.com | www.magnuslink.com
DESIGN & BUILD
Contracts and Risk Management
Practical Tools to Minimise your Design-Build Project Risks and Maximise your Competitive Edge
23 October 2012 ■ 9.00am - 5.00pm
■ Traders Hotel, Singapore
Programme Agenda:
9.00 Opening Remarks
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9.05 Practical Solutions for Minimising Risks at PreTender Stage
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Issues arising from a tender exercise
Approaches to determining and preventing disputes at the pretender stage
Gain insights to the drafting of pre-tender documentation to
minimise disputes
Potential liability of contracting and non-contracting parties in
tenders for design & build projects
Investigate unfair tendering practices
Internal policies for assessing risks at pre-tender stage
Strategies to reduce the risk of a tender award being challenged
Kelvin Aw, Director, inca Law LLC
9.50 Effective Strategies for Managing Financial Risks
at Pre-Tender Stage
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Understand the legal and financial risks at the pre-tender stage of
the construction project
Typical downstream construction risks and apportionment of such
risks to manage project costs
Manage the rights and liabilities as between the owner,
consultants, contractors and subcontractors
Recognise the role of insurance and indemnity in construction
contracting and drafting considerations underlying insurance and
indemnity clauses
Know the role and potential pitfalls in the use of performance
guarantees and liquidated damages clauses
Jagateesan Sathiaseelan, Partner, Allen & Gledhill LLP
10.35Networking Coffee & Tea Break
11.00Best Practice in Drafting Design-Build Contracts
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The use of standard versus non-standard agreements – The pros
and cons
Identify the essential terms, how to analyse a contract for risk
allocation and how to differentiate a fair contract from an onerous
one
Key misconceptions on the terms and obligations commonly
implied in design-build contracts
Best practices in reviewing particular clauses with special care
How to safeguard parties’ legal interest when signing a contract
Perspectives on the legal implications of exemption clauses
Anil Changaroth, Partner, Aequitas Law LLP
11.45 Insights to Tackling Risk Factors Unique to
Design-Build Contracts
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Identify common risks in design-build contracts and how to
address those challenges
Analyse owner’s and design-builder’s accepted liabilities in
design-build contracts and how you can extend or minimise them
Prevent potential complications associated with independent
designers
Option Module in the REDAS Design and Build Conditions of
Contract – Know the potential avenues for dispute and how to
avoid them
Anticipated concerns when owner retains an involvement in the
design process and orders variations to the scope of work
Recognise potential legal pitfalls when designers are novated from
the employment of the owner to the employment of the contractor
Design-builder’s formal proposal versus owner’s project criteria –
Which legally supersedes upon signing?
Disputes involving restrictive specifications or approval
requirements in design-build contracts – Does owner approval of
designs constitute a transfer of liability?
Clarify who bears the risk for defective specifications
Paul Wong, Partner, Rodyk & Davidson LLP
12.30 Networking Lunch
2.00 Understanding the Rights and Obligations of
Owners and Design-Builders upon Termination of
Contract
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Understand the distinction between termination for breach and
termination for convenience
How does termination for convenience affect parties’ rights and
remedies
Does contract termination always result in compensation payable to
the contractor?
Issues to consider in post-termination contract provisions
Who owns the design after the contract is terminated?
Effective handling of cost recovery issues upon termination of
contract
Soh Lieh Sieng, Regional Director, Charlton Martin Group
2.45 Avoiding Legal Pitfalls through Effective Risk
Allocation in Design-Build Contracts
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Compare traditional versus non-traditional risk allocation and how
these risks affect each party
Discover how parties apportion risk and understand the
consequences from decisions taken during the pre-contracting
stage
Approaches to align time, cost and quality expectations between
owners and design-builders to avoid potential for disputes
Key factors to consider when customising risk allocation clauses
in design-build contracts to prevent possible liability
Strategies to avoid future disputes through effective negotiation of
contractual allocations of risk prior to contract execution
Vital lessons learned from the courtroom
Looi Ming Ming, Partner, Eldan Law LLP
3.30 Networking Coffee & Tea Break
4.00 Resolving Construction Disputes Quickly and
Cost-Effectively
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Explore effective methods of resolving construction disputes and
know how to choose the best method for your situation
Examine the enforcement and challenges of various dispute
resolution mechanisms such as adjudication, mediation,
arbitration, litigation, and expert determination
Leverage on expert determination to compliment arbitration,
adjudication or litigation
Current trends in alternative dispute resolution (ADR) specific to
construction disputes
Practical tips on managing a dispute and reducing the risk of
lengthy and expensive proceedings
Factors to consider before resorting to litigation
Know the level of preparation that is necessary for the chosen
dispute resolution method
Tan Liam Beng, Director, Drew & Napier LLC
4.45 Closing Remarks
5.00 End of Conference
Call: +65 6310 7761 | Fax: +65 6891 0237 | Email: register@magnuslink.com | www.magnuslink.com
DESIGN & BUILD
Contracts and Risk Management
Practical Tools to Minimise your Design-Build Project Risks and Maximise your Competitive Edge
23 October 2012 ■ 9.00am - 5.00pm
■ Traders Hotel, Singapore
Speaker Profiles:
Anil Changaroth
FCIArb FSIArb, Partner
Aequitas Law LLP
Advocate and Solicitor of Singapore, Solicitor of England and Wales, and
Barrister at Law, Middle Temple, United Kingdom. Anil has been in practice
since 1995 after leaving the Spore Armed Forces where he served 5 years. His
work primarily involves commercial, civil, corporate & criminal litigation and
dispute resolution with a focus on Construction, Infrastructure & International
Arbitration, representing parties in Singapore and the region. Prior to joining
Aequitas in 2009, Anil spent a year with the international arbitration practice
group at Lovells Lee & Lee and two years before that as in-house counsel,
director and head of Contract Advisory and Dispute Management Services
of the quantity surveying firm Davis Langdon & Seah Singapore Pte Ltd,
involved with construction industry dispute management services (including
arbitration, adjudication & mediation); Claims Assessment; and Front End
Contract Advisory work for developers, building owners and contractors
in residential, commercial, institutional, industrial, infrastructural and PPP
projects in Singapore, India, Vietnam and Korea. Anil is the Chairman of
Society of Construction Law (Singapore), 2012-2014 and Honorary Treasurer
of Singapore Institute of Arbitrators (2011-2013). and chair of its Scheme
Arbitration committee.
Paul Wong
Partner
Rodyk & Davidson LLP
Paul Wong is a partner in Rodyk & Davidson LLP’s Litigation & Arbitration
Practice Group. Paul was admitted to the Bar of Singapore in 1992 and to
the Bar of Malaysia in 1998. Paul’s practice includes construction, banking
and insolvency, and general commercial litigation. He has acted as counsel
in numerous construction disputes, both in arbitration and litigation, with a
specific emphasis on engineering related issues. Notably, he was one of
the counsel acting for the main contractor of Circle Line Contract C824,
the main potential defendant in the inquiry into the collapse of Singapore’s
Nicoll Highway on 20 April 2004. His clients include developers, quantity
surveyors, architects, contractors and sub-contractors. Apart from dispute
resolution, Paul advises his clients in the drafting of construction related
transactions, including numerous forms of construction contracts. He has
acted for main contractors in major infrastructure projects in Singapore both
in an advisory role and also as counsel. Construction related cases Paul
has worked on include the MRT Circle Line contracts, the Deep Tunnel
Sewerage System contracts, the Marina Barrage contracts and Marina South
District Cooling Plant contracts. Soh Lieh Sieng
Regional Director
Charlton Martin Group
Soh Lieh Sieng has over 23 years of construction industry experience,
working for multinational contractors and consultants throughout United
Kingdom, Europe, Asia Pacific and the Middle-East. He holds qualifications
in both civil engineering and law, a Member of the Institution of Civil
Engineers UK, a Chartered Engineer of the Engineering Council UK and
a Member of the Chartered Institute of Arbitrators UK. His skills include
project risk management, construction of major bridges, infrastructure works
and heavy-lift operations, contract administration, preparation of claims
related to changes and variations, delays and extension of time, loss and
expense in respect of delays, disruption and acceleration. He regularly acts
as expert witness, consultant or management representative for multinational
construction companies on cases in relation to expert evidence on delays
and cost claims in both Court and Arbitration.
Jagateesan Sathiaseelan
Partner
Allen & Gledhill LLP
J. Sathia is a Partner in Allen & Gledhill’s Construction & Engineering
practice, which was recently awarded the Asian Legal Business Construction
Law Firm of the Year. His practice encompasses litigation and arbitration,
particularly, in construction, engineering and infrastructure disputes in
Singapore and around the region having been involved in the following
notable matters: acted for a Singapore statutory body in several arbitrations
relating to infrastructure and engineering works where claims were in excess
of S$300 million; acted for an international electronics design, fabrication
and testing company in an ICC Arbitration against an international contractor
in relation to the design and construction of a manufacturing facility in India;
and acted in numerous construction adjudications involving substantial claims
under Singapore’s Security of Payment Act. Sathia’s practice also extends
to corporate and advisory work in relation to construction, engineering and
infrastructure projects.
Kelvin Aw
Director
inca Law LLC
Kelvin is a well-regarded projects lawyer who has honed his expertise
from his years of experience as in-house counsel in leading multi-national
construction and real estate corporations and as a practitioner specializing in
construction law. He has diverse experience in not only front-end but also
contentious work arising from engineering, construction and infrastructure
projects, which includes arbitration, litigation, adjudication and mediation.
Kelvin has advised, drafted and negotiated various contracts for multi-million
dollar projects in the region, drafted several in-house standard contracts and
operational guides. In Singapore, some of the notable transactions in which
he has been involved in include advising on the design and construction
of a French business school campus based on the FIDIC Orange Book;
acting for sponsors in a classified public sector project tendered on a PPP
model; and acting as counsel for several adjudications under the Building
and Construction Industry Security of Payment Act (Cap. 30B).
Looi Ming Ming
Partner
Eldan Law LLP
Immersed in the specialist area of construction and engineering projects
throughout her career, Ming brings to the table powerful insights gained
from her considerable involvement in building and infrastructure-related
adjudication, litigation and arbitration over the years. Such experience has
proved invaluable to strategic negotiations for and the critical review of
contracts, both standard form and bespoke. Ming’s construction arbitration
and litigation experience includes acting for a Singapore statutory authority in
arbitration proceedings in the aftermath of the collapse of the Nicoll Highway
in a contractual dispute relating to the Circle Line. Notable advisory work
includes advising an owner on optimal positioning for potential arbitration
worth over S$80 million against a well-known Japanese design-build
contractor for building and engineering defects in an iconic giant observation
wheel on the Marina Bay waterfront and creating a comprehensive report on
the common law and statutory duties of qualified persons for a well-known
consulting and engineering firm.
Tan Liam Beng
Director
Drew & Napier LLC
Liam Beng heads the Building and Construction Business Group. He is a
qualified engineer as well as an advocate and solicitor. Currently, Liam Beng
does both contentious as well as non-contentious legal work in relation to
building and engineering matters. The contentious work includes Arbitration,
Mediation and Litigation. The non-contentious legal work involves drafting
and vetting of building, consultancy, joint venture agreements and other
building and construction related documents. The matters that Liam Beng
has handled include the following: A major case involving collapse of a
bar chair support system in Fusionpolis Project as well as multi-million
dollars arbitrations including arbitrations on foundation failure of multi-storey
building, collapse of cement silo, defects in buildings and condominiums,
MRT disputes, High Speed Rail Project in Taiwan, refinery plant in Taiwan,
delay, prolongation and variation claim for building and engineering projects.
He is a co-author of Standard Form of Sub-Contracts – An Annotation.
The Asia Pacific Legal 500 2004/2005 Edition, a guide to the leading
commercial law firms in Asia and Australia, cited “Group head Tan Liam
Beng’s engineering background gives him a working knowledge of the
construction industry, and clients find him ‘well versed’”. Call: +65 6310 7761 | Fax: +65 6891 0237 | Email: register@magnuslink.com | www.magnuslink.com
DESIGN & BUILD
Contracts and Risk Management
Practical Tools to Minimise your Design-Build Project Risks and Maximise your Competitive Edge
23 October 2012 ■ 9.00am - 5.00pm
■ Traders Hotel, Singapore
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future construction projects. To explore our attractive
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