The Annual Construction Law Update 2024, held on 30 January 2024, was a resounding success. With a full house, it was truly uplifting to witness the smiles on everyone’s faces as we reconnected with familiar friends and welcomed new ones within our community. A special mention goes to the scrumptious buffet that added to the evening’s delight, all thanks to the exceptional caterer and the dedicated SCL(S) team behind the arrangements for the event. For those who missed the buffet spread, do not worry, it is only a short wait for the next annual update in 2025.

The Event

The much anticipated Annual Construction Law Update provided us with an opportunity to delve into the recent legal developments in both Singapore and England. We would like to express our gratitude to the speakers for taking the time to share these developments with us. The session was graciously led by Mr Trevor Lam.

Mr Melvin Chan shared insights on significant Singapore cases such as Vim Engineering Pte Ltd v Deluge Fire Protection (SEA) Pte Ltd [2023] SGHC(A) 2. This case demonstrated the court’s anxiety to avoid injustice to contractors caused by strict wording requiring an order in writing. Another case of interest was Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd and another appeal [2023] 1 SLR 1451. This case addressed the question of the consequences of termination on liquidated damages.

Mr Simon Hughes KC enlightened us with his talk on English cases, especially Compound Photonics Group Ltd; Faulkner v. Vollin Holdings Ltd [2022] EWCA Civ 1371 where the court emphasised that the interpretation of a “good faith” clause should not be overly broad and must adhere to ordinary principles of contractual interpretation. The court clarified that while the core meaning of good faith is honesty, the duty can extend beyond this depending on the context and agreement terms, and may include conduct considered commercially unacceptable, even if not necessarily dishonest.

The PowerPoint slides from the event containing the full update can be obtained from the resources section of the SCL(S) website.

Click HERE to view more Seminar photos.