Course

[27 Aug] Mastering Delays, EOTs, Prolongation Costs and LDs – Legal Concepts and Practical Solutions

OVERVIEW    

It is not uncommon for construction projects in Singapore (and abroad) to be afflicted with delays of one form or another. Delays can arise for a multitude of reasons, and the magnitude and impact of these delays can be diverse depending on the specific circumstances of the projects. The key implication, however, is consistent regardless of the type of project, its circumstances or the parties affected – delays will usually cause someone to lose money. As a result, complex and protracted disputes often arise in trying to determine who is responsible for and should bear the brunt of delays.

This session maps out the common issues which confront developers and contractors in considering the impact of delays and related issues of extensions of time, prolongation costs and liquidated damages, before examining available dispute resolution mechanisms for resolution of these issues. Apart from the theoretical underpinnings of these concepts, this session will also examine case studies to demonstrate how these issues occur, common pitfalls and how these stumbling blocks can be avoided or resolved.   

TOPICS COVERED

• Delay Analysis: Causes and impacts in Singapore projects
• Time Extensions: Grounds and procedures in local contracts
• Prolongation Costs: Entitlement and types in Singapore context
• Liquidated Damages: Enforcement and contractual procedures
•  Dispute Resolution: Effective methods for delay claims

LEARNING OUTCOMES

• Gain crucial insights into project delays and their far-reaching consequences
• Master the complexities of Extensions of Time (EOTs) in local contracts
• Understand your entitlements to prolongation costs and how to secure them
• Navigate Liquidated Damages (LDs) confidently to protect your interests
• Learn effective dispute resolution strategies tailored to the Singapore market
• Develop robust internal protocols to safeguard your rights during delays
• Minimize financial risks and legal exposure in your projects
• Enhance your negotiating position in delay-related disputes

TARGET AUDIENCE

• Property Developers
• Main Contractors
• Architects
• Project Managers
• Quantity Surveyors

LEARNING OUTCOMES

2 CPD POINTS (BOA-SIA)

KNOWLEDGE PARTNERS

Lesley Fu, Infrastructure, Construction & Engineering Practice, Partner, WongPartnership  

Lesley is a Partner in the Infrastructure, Construction & Engineering Practice. She is an Accredited Specialist in Building and Construction Law appointed by the Singapore Academy of Law. Her areas of practice encompass both dispute resolution and non-contentious drafting & advisory work, with a focus on infrastructure, construction & engineering matters.

On the dispute resolution front, Lesley has acted in a diverse range of matters before the Singapore Courts, the Singapore International Arbitration Centre (SIAC) and the International Chamber of Commerce (ICC), as well as adjudications under the Building and Construction Security of Payment Act 2004 (SOP Act). Lesley has also been appointed as arbitrator in SIAC administered arbitrations. On the non-contentious side, she has been actively involved on retainer in project advisory work for large-scale developments such as a lifestyle community hub, an integrated medical suite and premium / Grade A office and retail spaces (domestic and overseas).

Lesley is recognised in the 2023 to 2026 editions of Best Lawyers for Construction Law.

Andre Soh, Energy, Projects & Construction Practice, Partner, WongPartnership

Andre is a Partner in WongPartnership’s Energy, Projects and Construction Practice. His main areas of practice are litigation and arbitration, with a particular focus on cross-border disputes in the infrastructure, construction and energy sectors. Some of his recent matters include acting for (1) the owner of independent power plants in Bangladesh in an ICC arbitration against a South Korean conglomerate in respect of disputes arising from the manufacture and supply of diesel engines; (2) an American multinational conglomerate in parallel ICC and SIAC arbitrations against a Japan-headquartered EPC contractor for power generation facilities; (3) the former majority shareholders of the Yukos Oil Company in an application to enforce 3 arbitral awards totalling more than US$60 billion rendered against the Russian Federation for breaches of the Energy Charter Treaty. Prior to joining private practice, Andre served as a Justices’ Law Clerk to the Chief Justice and the Judges of the Supreme Court of Singapore, and has was appointed as Young Amicus Curiae by the Supreme Court of Singapore in 2021.

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.

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