Course

[5 Nov 24] 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

CPD POINTS

2 CPD (BOA-SIA)

2PDU (PEB)

KNOWLEDGE PARTNER

Tay Peng Cheng

Head of the Energy, Projects & Construction Practice, Partner, WongPartnership 

Peng Cheng heads the Energy, Projects and Construction practice of the Firm and jointly leads the Construction Group practice, and has an active practice with focus on the energy and utility industries, construction and engineering projects, residential, commercial and industrial property developments.

Peng Cheng represents developers, contractors and consultants in all forms of dispute resolution, including court and arbitration proceedings, adjudications and mediations, in matters arising out of large-scale construction and energy projects, and property development. His non-contentious work includes drafting and negotiating contracts for various developments, plants, and installations. Projects that he has advised on include commercial and integrated developments, utility facilities, waste to energy plants and offshore installations.

Peng Cheng is recommended as a Global Leader for Construction and National Leader (Southeast Asia – Construction) in Who’s Who Legal, is recognised as a Litigation Star by Benchmark Litigation Asia-Pacific and is the winner of the Lexology Client Choice Award 2022 for Construction in Singapore.

Ian de Vaz

Head of the Infrastructure, Construction & Engineering Practice, Partner, WongPartnership

Ian is a leading expert in construction and engineering law, who heads the Infrastructure, Construction & Engineering Practice and jointly leads the Construction Group practice. Ian is one of a select group of Senior Accredited Specialists in Building and Construction Law. He has extensive experience in both front-end matters and dispute resolution. Ian is a Senior Adjudicator, arbitrator, and Professor at NUS. He has worked on numerous high-profile cases, advised on various contract types, and spoken globally on construction law issues. His expertise spans adjudication, arbitration, litigation and mediation. 

He has been recognised as a leading construction lawyer by all the renowned legal directories. In Best Lawyers 2022, Ian was named "Lawyer of the Year" for Construction Law in Singapore – an award conferred on only a single lawyer in each practice area and jurisdiction.

Lesley Tan

Energy, Projects & Construction Practice, Partner, WongPartnership 

Lesley is a Partner specializing in Energy, Projects & Construction and Partner in the Construction Group practice. Her practice covers both front-end project advisory work and dispute resolution. She drafts and negotiates contracts for major infrastructure projects, including integrated resorts and petrochemical plants. Lesley also handles contentious matters, representing clients in litigation, arbitration, and adjudication proceedings. Her expertise spans issues like variations, time extensions, and prolongation claims. She has experience with high-value disputes in Singapore and the Middle East, involving various types of construction projects.

Lesley is recommended in The Legal 500: Asia Pacific – The Client's Guide to the Asia Pacific Legal Profession for Projects & Energy and Construction, where she is commended by clients for “stand[ing] out for her commercial acumen” and being “one of the best lawyers in the industry”.

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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