Musings of a Construction Lawyer
Prior to joining legal practice in 1992, I had served in various positions in the Singapore Legal Service. When I first entered practice, I was doing general commercial litigation at a large law firm. I was first assigned to a major construction dispute involving dredging works which intrigued me. My interest in construction was piqued by that case which went for trial in the High Court before then JC TQ Lim. In addition, my late father, a civil engineer, would often regale me with stories and anecdotes of his experiences in the construction industry back then and the various prestigious projects which he was involved with. I then decided to specialise in construction law and consciously took on more construction cases which came into the firm.
Eventually, I went on to head the firm’s construction law department. About 20 years ago, I moved to another major law firm where I also went on to helm the firm’s Construction Law Department before striking out on my own in October 2023 with some colleagues. I currently practise as counsel, adjudicator and arbitrator in construction related matters.
Back then in the early 90s, construction law was not a subject or module taught in law school. I also did not have a mentor then and I had to literally learn the subject from scratch, reading Hudson’s “Building and Engineering Contracts” from cover to cover as well as reported construction law cases in Singapore and the Commonwealth. Things have changed a lot since then with the publication of local textbooks and other resources on construction law, as well as the inclusion of construction law as a subject in NUS and SMU.
Looking back, I was privileged to be involved in some landmark cases e.g., Aoki Corporation v Lippoland (Singapore) Pte Ltd 2 SLR 609 and Lian Soon Construction Pte Ltd v Guan Qian Realty Pte Ltd [2000] 1 SLR 495 which are still cited today by counsel and the courts in their judgments. I find tremendous satisfaction in playing a role in shaping the jurisprudence in this area.
One reason why many lawyers frown on construction law lies in the technical nature of the subject matter and the voluminous documents which they have to wade through. To overcome the technical complexity in construction, I also decided in early 2020 to pursue a part time Diploma in Surveying with the College of Estate Management (Reading) and completed the same in four years to enhance my skill set. This has helped me to better appreciate the technical nature of the subject matter and has assisted me considerably in the presentation of the client’s case before tribunals.
I believe strongly in the importance of mentoring the next generation of lawyers. I have had the privilege of teaching at least 10 batches of construction law students in NUS as an Adjunct Professor and still continue to teach in courses organised by the Building and Construction Authority for the industry. Several of my students in NUS have since gone on to distinguish themselves in this field and become accredited specialists in building and construction law.
As far as work is concerned, I also make it a point to involve my associates in my matters so that they would have an opportunity to observe first hand construction advocacy and preparation of evidence for construction related disputes. Opportunities are also provided for them to cross-examine witnesses or make submissions. There are many skills which are not taught in law school and which can only be learnt through observation and involvement in the conduct of cases. This is what I hope to pass on as a legacy to the next generation.
For younger lawyers who are exploring specialisation options, I would certainly recommend Construction Law as an area of specialisation. Construction law encompasses both front end and contentious work. Front end work involves drafting and review of construction related documents including financing arrangements. On the other hand, contentious work generally covers adjudications under the Security of Payment Act and litigation/arbitration involving payment, variations, defects, delays or termination in projects. I have had the privilege of handling both in the course of my practice. I count numerous iconic projects e.g., Resorts World Sentosa among these matters. These matters are complex but extremely rewarding especially when you see them through from inception to completion.
Aspiring construction lawyers should also take heart from the inclusion of Building and Construction Law in the Specialist Accreditation Scheme by the Singapore Academy of Law. The scheme confers recognition of a legal practitioner’s expertise and experience in a specialised area of law and this should inspire all construction lawyers to achieve that mark of recognition.
