1. Advising specialist sub-contractor in respect of a remeasurement subcontract for the construction of Diaphragm Wall & Crosswall and a remeasurement subcontract for ground improvement works in respect of Contract T313 for the Construction of Xilin Station and Tunnels for Downtown Line 3 Extension, including advice on SOPA and progress claims for remeasured works, VOs, COTMA Part 8B and 10A claims, backcharges and loss and expense claims, and standby claims.
2. Acting in HC/OC 366/2022 for an owner of a property in respect of claims for damage to property as a result of excavation and piling works in a neighbouring property, on the grounds of negligence and nuisance against the main contractor and nuisance and Rylands & Fletcher against the owner of the neighbouring property.
3. Advised a statutory board by way of a written opinion on whether in the case of a design & build contract for the construction of a pavilion at Eunos, an addition or omission of items contained in a tender proposal that is in compliance with the employer’s requirements and contract, could vary the lump sum price of the design & build contract where such addition or omission was approved by the authorities and not caused by a change of design or employer requirements,.
4. Advising and representing a paint supplier in respect of its joint and several obligations under a warranty given jointly with a main contractor for rectification and painting works at Northstar@AMK, and reviewing, drafting and advising on cross letter of indemnity and joint warranties generally.
5. Acted as lead counsel for a supplier of 1.1 million MT of concreting sand from distant source to a Government Procurement Agency for supply to RMC plants, contingency stockpile, and MND stockpile, as well as provision of frontend loaders & equipment and supply of transportation services for supply, in respect of a claim for payment for supply of concreting sand and services, and defence against set-off for liquidated damages. Contract value is $62.7 million. Commencement of SIAC arbitration ARB067-22-LYY by agreement of the parties, although contract provided for ad-hoc arbitration seated in Singapore. The claim for payment and crossclaim for delay and liquidated damages raised issues stemming from Covid-19 pandemic, including the application of the Covid 19 (Temporary Measures) Act for delays caused by Covid-19, extension of time due to quarantine measures at the port in Australia, storm surges, variation in operations and breach of contract. In particular, whether the buyer was entitled to claim LD when it did not comply with the contract clauses in its administration of the Contract. The matter was favourably settled soon after the commencement of arbitration.
6. Acted as lead counsel for Dongah Geological Engineering Co Ltd against its subcontractor in OS 831/2021 for setting aside of adjudication determination in SOP AA 108/2021 on the ground of fraud, alternative a stay of enforcement pending arbitration in SIAC ARB 210, appeal therefrom in ADCA 112/2021 and summonses thereunder including SUM 27/2021 & SUM 28/2021 for stay pending appeal, SUM 36/2021 for leave to adduce additional evidence, cross-appeal in ADCA 120/2021; and CA 62 and SUM 92/2021 to set aside Notice of Appeal in CA 62 (see [2022] SGCA 7). Obtained a partial stay in OS 831, and upon appeal in ADCA 112, obtained a full stay. Case reported in [2021] SGHC 239, with a note on the outcome of the appeal.
7. Acted as lead counsel for ground improvement sub-contractor against its sub-contractor in SIAC ARB 210 in relation to its cross-claim for back charges, damages for its sub-contractor’s repudiation of contract, and defence of claim for amounts due for variation work in respect of the project known as “NSC 101 – Design & Construction of North-South Corridor (Tunnel) between ECP and Victoria Street at Ophir Road. Estimated value of subject contract is $10.25 million. Matter settled after successful outcome of ADCA 112.
8. Advised instructing solicitors as lead counsel in relation to the claims by the Contractor in respect of the Changfang & Xidao Wind Farms in relation to its claims for extension of time and prolongation costs arising from the incidence of Covid-19. Contractor claims arising from change of law relating to Covid amount to Euros 6.18 million.
9. Advised as lead counsel a foreign sub-supplier as to its remedies under contract for non-payment of electrical cables, including whether it can submit an adjudication application for its supply payment claims as an overseas supplier to a local supplier. The supply contract was for the supply and delivery of LV 4-Core 300 mm2 power cables with contract value of S$116.60 million.
10. Advised as lead counsel an employer in respect of its consultants’ claims for prolongation costs, and the employer’s right to claim loss arising from design consultants’ failure to prepare sufficient detailed design drawings and advising on settlement terms in respect of an Integrated Consultancy Services Contract with a contract value of S$37.78 million.
11. Advised instructing solicitors as lead counsel in reviewing and drafting construction contracts based on the FIDIC yellow book, consultancy contracts based on the FIDIC White Book and various supply contracts and O&M contract relating to the 298 MW Zhong Neng Offshore Wind Farm owned by the funds managed by Copenhagen Infrastructure Partners. Financial close of USD 1.6 billion achieved in November 2021.
12. Advised instructing solicitors as lead counsel in reviewing and drafting construction contracts based on the FIDIC yellow book, consultancy contracts based on the FIDIC White Book and various supply contracts and O&M contract relating to the 589 MW Changfang & Xidao Offshore Wind Farms owned by the funds managed by Copenhagen Infrastructure Partners. Financial close of USD 3 billion achieved in February 2020. Construction permit obtained in 4th quarter 2020.
13. Acted as lead counsel for Goldbell Engineering Pte Ltd in AA008/2020, OS 382/2020, HC/S 1235/2019, AA180/2020, ARA08/2020 as owners and employers against the main contractor in the Proposed Design and Erection of a 6-storey Single-user Workshop and Ancillary Office at No 8 and 10 Tuas Avenue 18 for the contract sum of $19 million under the REDAS Design & Build Conditions of Main Contract (3rd Edition). Contract value was S$19 million. The dispute included issues relating to the restrain on a extend or pay demand on the performance bond in Suit 1235/2019 and the setting aside of the injunction, delay analysis, entitlement to the completion certificate under REDAS design & build contract, release of retention sums, as well as potential backcharges for defects in the electrical installation, Fire Protection System, Air Conditioning and Mechanical Ventilation, Water Leakage, Polyurethane flooring, and lux lighting levels. OS 382 was an application by the main contractor to set aside the adjudication determination the main contractor obtained in AA008 on the grounds of jurisdiction and breach of natural justice, and AA 180 was a second adjudication application by the main contractor for retention sums, variation, prolongation claims for site overheads and preliminaries, and loss and expense claims for acceleration costs and additional financial expenses. ARA08 was a review of the AD in AA180.
14. Acted for an ACMV subcontractor as respondent to a claim by its subcontractor in SOP AA191/2020 and SOP AA 228/2020 in respect of a project known as the Replacement of Engineered Smoke Control and Mechanical Ventilation System at EASTLink and YS-One. Contract value $2.34 million. AA191 was dismissed on jurisdiction grounds, and AA 228 dealt with disputes relating to work done, variation work, abortive work, retention sums and backcharges for materials supplied. On the issue of variation, the question was whether the change of design entitled the claimant to claim a higher rate for identical work other than that stated in the schedule of rates on the basis that it was more difficult.
15. Represented (supervision only) claimant in SOP AA 407 of 2019 where the issue arose as to whether section 13(1) or section 13(2) applied, which affected the due date by which the adjudication application is to be made. The payment response was late, but accepted by the claimant, who then pursuant to the terms of the contract issued a tax invoice, but no payment was made by the due date. The question was whether section 13(1) or 13(2) SOPA applied.
16. Represented and advised a South Korean contractor in relation to Summons No. PUB000091-2019 for an offence under Regulation 4(2)(a) of the Sewerage and Drainage (Surface Water Drainage) Regulations.
17. Represented and advised a Catalist-listed company (“Company”) in its disputes with (a) its joint venture partner and (b) the Design & Build Contractor (modified REDAS standard form) in relation to the development of a three 32-storey residential towers, podium, 20-storey hotel, 29-storey office tower and convention centre in a land area of 280,000 sq ft in Batam known as the Oxley Convention City, Batam, involving a range of disputes, including for (a): selection of tenderer and whether there was a breach of the Interested Party Transaction Mandate, failing to ensure that the D&B Contractor procured the Performance Bond, funding obligations, scope of power duty and obligations under joint venture agreement, termination of joint venture agreement; and for (b): non-provision of performance bond, payment disputes, piling disputes, termination of contract.
18. Advised and represented a tenant at the Jewel Changi Airport to draft a contract with regard to its renovation and fitting out at a 2-storey shop rented at the Jewel, and modifying the SIA Building Contract 2016 (Without Quantities) for use.
19. Represented and advised a South Korean contractor in relation to 2 PUB summonses (PUB 000089/2019 and PUB 000090/2019) in relation to damage to sewerage works under s20 of the Sewerage & Drainage Act.
20. Represented a public institution (museum) in relation to its disputes with its design consultant in relation to interpretation of the Integrated Consultancy Agreement and Exhibition Consultancy Agreement, errors in certifications for VOs, and whether the design consultant was entitled to additional payments for delays in the project.
21. Represented and advised a consortium comprising a Japanese contractor and fund in relation to a Public Private Partnership Project in Jakarta for the design build finance and maintenance of a hospital, including proposing a revised structure for the project.
22. Represented and advised a South Korean Main Contractor for PUB water works along the West Coast Highway in relation to termination of its sub-contractor and payment disputes.
23. Lead counsel in CA 223 of 2018 in relation to Suit 1352 / 2016, which was settled in mediation under the SMC in SMC/MC 59 of 2019.
24. Lead Counsel for Plaintiff in Suit 1352 / 2016 over a 14-day trial in 2018 before Justice Lee Sieu Kein between the main-contractor and electrical subcontractor relating to 2 HDB cluster projects in Serangoon. Issues included inter-alia, whether main contractor had right to supply labour to electrical sub-contractor due to delays, whether delays were caused by RC structure works during first fix, and architectural works during 2nd fix and final fix. Identifying progress of works based on documents and evidence of M&E and Architectural coordinators Obtained Judgement for Plaintiff for substantially the whole claim relating to right to supply additional labour as a result of delay.
25. Represented a main contractor for a condominium comprising 7 blocks of 5-storey residential building (199 units), 11 strata-landed houses (210 units) with basement car park, swimming pool and communal facilities at Faber Walk (Clementi Planning area) in defence of a claim in HC/S 791/2017 by a painting sub-contractor for outstanding payments, VOs and counter-claim for substantial defects in painting works.
26. Represented a main contractor for a condominium comprising 7 blocks of 5-storey residential building (199 units), 11 strata-landed houses (210 units) with basement car park, swimming pool and communal facilities at Faber Walk (Clementi Planning area) in defence of a claim in DC/DC 1677/2017 by a sub-contractor for the supply of structural steel, aluminium trellises, aluminium composite roofing in respect of outstanding payments, VOs and counter-claim for substantial defects in the aluminium roofing structure and trellises, and settlement of the claim and counterclaim at CDR.
27. Represented the Claimant as Lead counsel in a Singapore Institute of Architects ad hoc arbitration (arbitrator: Mr Goh Phai Cheng) between a main contractor and developer of a 6-Storey Residential Building with Attic/Roof Garden (Total: 20 Units) with Basement Mechanised Car Park with Swimming Pool on Lot 99734L TS21 at 12 Devonshire Road (River Valley Planning Area) involving disputes under the SIA conditions of building contract (9th edition) (lump sum) relating to non-compliance with regulatory requirements resulting in VOs and delay, non-payment of certified sums, entitlement and valuation of VOs, extension of time and liquidated damages, including whether time has been set at large by reason of failure to timeously approve extensions of time. In particular, whether delay in practical completion caused by design flaws by architect and civil engineer or construction flaws. The arbitration was settled favourably on the second day of hearing.
28. Represented the Plaintiff in HC/S/94/2018, being a sub-contractor for ACMV and electrical installation at the Proposed Development of an Integrated Regional Hospital Community Hospital and Specialist Outpatient Clinics at Sengkang Planning Area, against a sub-sub-contractor for supply of manpower and materials, and performance of off-site works.
29. Represented the respondent in HC/OS 1418 of 2017 by way of Summons HC/SUM 182 of 2018 to set aside the Adjudication Determination made in SOP/AA 316 of 2017 on 13 November 2017 in favour of the Applicant in OS 1418 of 2017 in respect of the ACMV and electrical installation at the Proposed Development of an Integrated Regional Hospital Community Hospital and Specialist Outpatient Clinics at Sengkang Planning Area.
30. Represented main contractor in DC Suit 23/2018 in relation to Proposed Flats Housing Development of 7 Blocks of 5 Storey (199 Units) Residential Building, 11 Strata Landed Houses (total 210 Units) with 1 Basement Carpark Swimming Pool and Communal Facilities on Lot 08870V at Faber Walk (Clementi Planning Area) in defence of a claim by the sub-contractor for the supply of labour and materials for Reinforce Concrete works for the Project in the sum of $2,065,372.41, subject to measurement. The dispute relates to whether retention sums were due, and/or may be set-off against backcharges for supply of formwork and damage/loss thereof, and defective work, including missing slabs and leakages.
31. Acted for main contractor in SOP/AA 216 of 2017 where no payment response was served to challenge an adjudication application on jurisdictional grounds, in particular, that the adjudication application was filed out of time based on the definition of days under the contract.
32. Acted for a main contractor in SOP/AA 337 of 2017 in respect of a measurement contract for architectural wet works in respect of a condominium development at Faber Walk, where the issues related to re-measurements of architectural wet works, variation orders, delays and liquidated damages and whether there were any acts of prevention, and back charges for defective work.
33. Advised foundation sub-contractor in relation to a dispute relating to the re-measurement of the bore and barrette piles for the installation of Diaphragm Wall and Piling Works at the Commercial & Residential Development Comprising 1 Block of 53-Storey Flats (510 Units), 1 Block of 23-storey Office Building; 2 Basements (1 Level M&E & 1 Level Car Park), 7-storey Podium (2 storey Commercial & 5-storey Car Park) with Swimming Pools & Communal Facilities (UIC Building), including interpretation of contract on what constitutes net actual quantities and computation of wastage. Also advised client on SOPA.
34. Advised specialist sub-contractor in respect of a remeasurement subcontract for the construction of Diaphragm Wall & Crosswall and a remeasurement subcontract for ground improvement works in respect of Contract T313 for the Construction of Xilin Station and Tunnels for Downtown Line 3 Extension, including submission of extension of time claims in compliance with contract terms, and whether entitled to standby costs by reason of delays in diversion of road and services.
35. Advised main contractor in respect of potential claim against developer of residential development at Lorong 20 Geylang involving issues of withheld payment for work done, delay, extension of time and liquidated damages.
36. Advised main contractor in respect of potential claim against developer of residential development at Lorong 24 Geylang in respect of outstanding sum for work done.
37. Represented main contractor in relation to charges under the Environmental Protection and Management (Control of Noise at Construction Sites) Regulations (NEA Summonses No. NEA005970-2016 and NEA006220-2016) for exceeding the permissable noise levels at the construction site.
38. Represented main contractor in SOP-AA484 of 2016 to resist an adjudication application by the subcontractor for RC works for a residential development at Faber Walk, involving jurisdictional issues (whether parties intended to distinguish between contractual and statutory timelines), and issues relating to valuation of works and back charges.
39. Represented main contractor in Suit 184/2016 in respect of a dwelling house at Jalan Leban involving disputes relating to formation of contract, scope and price of contract, unpaid variation orders, wrongful termination of agreement and consequential damages including loss of profits.
40. Formulated claim and advised main contractor in respect of potential claim against subcontractor for aluminium doors, windows and glass railings for a residential development at Lorong 20 Geylang, involving issues of delay and liquidated damages and repudiatory breach of the subcontract.
41. Formulated claim and advised main contractor in respect of potential claim against subcontractor for aluminium doors, windows and glass railings for a residential development at River Valley, involving repudiatory breach of the subcontract.
42. Represented main contractor in SOP-AA159 of 2016 to resist an adjudication application by the subcontractor for wet trade works for a residential development at River Valley, involving jurisdictional issues and valuation of variation works.
43. Represented main contractor in adjudication application against the developer of a residential development at Devonshire Road in SOP-AA26 of 2016, involving issues of jurisdiction, receivership, variation works (whether authorised and the valuation thereof), preliminaries and prolongation costs.
44. Represented main contractor in SOP-AA014 of 2016 to resist an adjudication application by an aluminium works subcontractor for a residential development at Devonshire Road involving jurisdictional issues (whether payment claim was valid and whether adjudication application was premature).
45. Advised main contractor of a residential development in a potential claim by MCST of neighbouring residential estate involving defects to the estate caused by construction works.
46. Represented and advised a real estate developer and project manager of its obligations under the License & Development Agreement in respect of the Orchard Gateway project, and issues relating to the high relative humidity in the building.
47. Represented and advised main contractor of a residential development in Faber Walk of a potential claim by private home-owner involving defects to property caused by construction works.
48. Conduct of arbitration in SIAC Arbitration No 050/15/ACU on behalf of main contractor against subcontractor for the fabrication and installation of reinforced concrete structure and formwork issues relating to delay, defective and/or incomplete works, termination of sub-contract and damages, including costs of rectification works, liquidated damages under the main contract, and additional costs of preliminaries by reason of delay. Worked with delay expert to derive effective delay along critical path. Subsequently, Suit 1176 of 2015 was commenced and SIAC Arb 50 discontinued by reason of repudiation of arbitration agreement by sub-contractor.
49. Represented main contractor to resist adjudication application in SOP-AA372 of 2015 by subcontractor for electrical installation involving issues of validity of the payment response, sufficiency of reasons provided in the payment response and valuation of work done.
50. Represented main contractor in SOP/AA No. 206 of 2014 to resist an adjudication application by a subcontractor for payment of work done in relation to fabrication and installation of reinforced concrete structure and formwork.
51. Represented main contractor in review of proposed amendments to SIA Articles and Conditions of Building Contract (Ninth Edition September 2010, Reprint August 2011) (Lump Sum Contract) in respect of a residential development at 300 – 308 River Valley Road.
52. Assisted main contractor in drafting a template agreement for lump sum sub-contractor works for building works.
53. Assisted main contractor in reviewing REDAS design and build form of contract in respect of a project at Alexandra Road.
54. Represented contractor in claim for unpaid amounts in respect of reconstruction of dwelling house at Pasir Ris Avenue.
55. Represented contractor in MC Suit 22636 of 2014 to recover monies had and received or total failure consideration in respect of non-delivery of a MOM-approved tower crane.
56. Represented architect in Suit 997 of 2013 and in SMC mediation 2394(2628)-130 in respect of a claim for negligence against the architect for defective design and/or inadequate supervision of building of boundary wall of the property at Lorong Chuan.
57. Represented main contractor in DC1216/2013/Z in claim for payment of disputed variation orders in connection with the construction of a dwelling house at Trevose Crescent.
58. Represented contractor to claim amounts due and owing in respect of building a show flat for a residential property development at 6 Devonshire Road.
59. Acted for and advised architect of his duties relating to issuance of architect directions under SIA terms, terms of engagement, and wrongful termination of engagement by employer in respect of 3-storey semi-detached house at Jalan Arif.
60. Represented main contractor to review main contract incorporating Singapore Institute of Architect articles and conditions of building contract (9th Edition) with proposed amendments by owner in respect of residential development projects at Lorong 20 and 24, Geylang.
61. Represented main contractor against owner in relation to disputes regarding grant of on extensions of time and release of retention sums in respect of a dwelling house at 6A Boscombe Road.
62. Defended an Indonesian coal mining corporation in an SIAC Arbitration in a dispute relating to a disruption of US$11 million worth of coal supplies to a Singapore company as a result of the Indonesian local authorities diverting a river that enabled the transportation of coal from the coal mine to the port.
63. Represented a US MNC in negotiating and securing a favourable settlement with Sri Lankan government-linked company in relation to a power generation contract in Sri Lanka on the question whether the Sri Lankan entity could terminate the contract (pre-2013).
64. Represented (as assisting counsel) the main contractor in relation to the construction of a station and tunnels of the mass rapid transit system circle line (Contract 822) involving issues relating to variation and delay caused by a partial collapse of a tunnel wall (pre-2013).
