Construction law is a multifaceted field which includes contract negotiation and drafting, project management, dispute resolution and compliance with the relevant authorities’ requirements. Construction lawyers play a crucial role in advising and representing various stakeholders involved in construction projects, including owners, developers, contractors, sub-contractors, architects, engineers and suppliers.
The potential risks and challenges faced by construction companies throughout a project includes the following:
(a) Contractual issues such as drafting, negotiating and establishing the parties’ obligations;
(b) Administration of contractual provisions relating to claims for extension of time or payment for instance;
(c) Project delays and disruptions, which have financial implications such as the imposition of liquidated damages or claims for prolongation; or
(d) Payment issues.
Engaging a construction lawyer in Singapore like Michael Por Law Corporation who has the necessary expertise in construction law is important so that you can be advised as to how you may mitigate your risks and protect your rights. Our experience has invariably been that the earlier legal advice is sought, the likelier the outcome for the material client will be a positive one. This is especially so in the face of financial difficulties faced by the industry as a whole, where the ability to react quickly to legal challenges shall be key.
CONSTRUCTION LAW EXPERIENCE
Michael Por Law Corporation has acted for a wide variety of stakeholders in construction projects. Our clients include developers, main contractors, subcontractors, and construction professionals in the industry. Our construction law experience involved the preparation of and negotiation over construction contracts at the outset, providing advisory services on contractual matters or contract administration from the start of the project, through the course of the same, and even post-completion. Our construction lawyers in Singapore have also handled a wide variety of disputes in Court litigation and arbitration which involved complex issues of construction law, such as delays, extensions of time and prolongation or acceleration claims, working with the necessary experts as necessary. We regularly advise our clients on contractual issues and how to mitigate their risks and exposure while protecting their rights at the same time, or to enforce their rights as necessary. Michael Por Law Corporation is also experienced in adjudication claims under the Building and Construction Industry Security of Payment Act.
CHOOSING A CONSTRUCTION LAWYER IN SINGAPORE
Our Managing Partner, Mr Michael Por, has almost 30 years of experience in building construction law practice. Since its establishment more than a decade ago, Michael Por Law Corporation has also had an active practice involved in building and construction law. We have also acted for clients at all levels before the Court, including the Court of Appeal, and we have extensive experience in construction arbitration. We pride ourselves in understanding the technical aspects of every construction dispute or matter that comes to us so that we can provide the best bespoke legal solutions in the clients’ best interests in the most cost-effective manner. We have also worked with well-known construction experts where necessary in this regard. Some of our cases have been duly reported. We are also frequently instructed to act in adjudication claims under the Building and Construction Industry Security of Payment Act.
Frequently Asked Questions About Construction Law
A construction lawyer advises the client about his rights and obligations under a construction contract and also assists in the negotiation of the terms thereof where possible. This is crucial as a well-drafted contract can minimise disputes from arising in the future. A construction lawyer can also represent the client in construction disputes and help him navigate the legal process, as well as work with him to come up with the best strategy to enforce his contractual rights and/or to defend any contractual claim made against him.
There are various modes of dispute resolution for construction disputes. These are mainly adjudication, litigation, arbitration or mediation. The construction dispute adjudication process is designed to resolve payment issues for work done in a relatively short time frame under the adjudication regime prescribed under the Building and Construction Industry Security of Payment Act., and such payment disputes may typically be resolved within a few months, depending on complexity of the claims involved. You may refer to our article on construction adjudication in this regard. Mediation, while not having any prescribed timelines to reach final resolution, can nevertheless be a quick way to resolve construction disputes if parties are open to the clear advantages of successful mediation. A successful mediation may well be achieved within a month from commencement. As for the other modes of dispute resolution, such as arbitration or court litigation, this would largely depend on how contentious the proceedings are, and there is generally no specified time frame for when such disputes need to be resolved, although, due to the flexibility of the process, arbitration may often be expedited to reach a final outcome quickly.
It is a requirement under the Companies Act for companies to appoint solicitors for representation in court proceedings. It is advisable for companies to appoint a construction lawyer so that you can be advised on the merits of your claims or your possible defences, as the case may be. An experienced construction lawyer can add significant value to you, particularly in light of the extensive professional services as well as advice he can render to you to assist you. Thus, you should consider appointing a construction lawyer in Singapore.
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