Course

[20 Jan 26] Construction Disputes and Alternative Dispute Resolution

OVERVIEW     

Construction projects are often complex, involving multiple parties, tight timelines and significant financial commitments.  Inevitably, each project often gives rise to its own set of disputes between parties, some of which may be capable of amicable resolution and some not so. 

This session will cover common construction disputes such as issues over defects in design and workmanship, delays and extensions of time and the often contentious area of a call on a performance bond.  A performance bond is a generally accepted instrument to secure a contractor’s due performance, but the right to call on a bond can lead to dispute and serious contention.   This session will discuss some of the common grounds of restraint on the call of performance bonds here in Singapore.

With the understanding of some of these common issues, the participants will discuss the available dispute resolution mechanisms including alternative dispute resolution mechanisms like mediation.  Disputes in construction projects can be costly and time-consuming if not managed efficiently and a practical approach to negotiation or mediation can often be a commercially sensible option for all parties involved.

 TOPICS COVERED

• Managing defects in construction contracts
• Time for Completion and the principles behind the grant of extensions of time, liquidated damages and the prevention principle
•  Performance bonds and security both under the conditions of contract and in general.  This covers the types of bonds (unconditional vs conditional) and the various grounds of restraint.
• Strategies to mitigate the risk of escalating disputes
• Alternative dispute resolution mechanisms like mediation as a cost-effective and commercial solution. 

LEARNING OUTCOMES 

• Managing defects in construction contracts
• Time for Completion and the principles behind the grant of extensions of time, liquidated damages and the prevention principle
• Performance bonds and security both under the conditions of contract and in general.  This covers the types of bonds (unconditional vs conditional) and the various grounds of restraint.
• Strategies to mitigate the risk of escalating disputes
• Alternative dispute resolution mechanisms like mediation as a cost-effective and commercial solution.

TARGET AUDIENCE

• Property developers
• Architects
• Contractors
• Project managers / Consultants
• Quantity surveyors
•  Finance personnel in real estate development field

CPD POINTS

BOA-SIA: 2 CPD Points

PEB: 2 PDUs

KNOWLEDGE PARTNER

Mr Kelvin Kek

Partner, Allen & Gledhill LLP

Kelvin is a Litigation & Arbitration Partner at Allen & Gledhill.  He is specialist in construction law, accredited by the Singapore Academy of law. Kelvin often acts as an adjudicator for disputes under the SOP Act within the panel administrated by the Singapore Mediation Centre (SMC).  He is also a SMC accredited mediator and a member of the Specialist Mediator Panel with the Singapore International Mediation Centre (SIMC).  Kelvin graduated with First Class Honours in law from the National University of Singapore and also holds a first degree in Electrical & Electronic Engineering. 

Terms & Conditions

Request for withdrawal must be made in writing. We encourage particpants to nominate a replacement for the session. Refund requests are subject to approval on the following conditions: 

• Requests sent in at least 2 weeks before commencement: 50% of course fee refunded.
• Requests sent in less than 2 weeks before commencement: No refund, full course fee payable.

Ticket Information