Q U A R T E R L Y N E W S L E T T E R | A U G U S T 2 0 2 1

Inside this issue: 40th Annual General Meeting Highlights of 2020 BuildSG Lead Forum 2021 Series on Collaborative Procurement

NEWS FROM THE SECRETARIAT

Aug 2021 2 | QS Connect

QS Connect is a quarterly newsletter of the SISV Quantity Surveyor Division (QSD). It is distributed to members, students and friends of the surveying profession free of charge. Anyone wishing to receive a copy may contact the Secretariat.

30TH QS DIVISIONAL COUNCIL (2021 - 2023)

President: Wong Kin Hoong

1st Vice President: Colin Kin

2nd Vice President: Khor Tse Eng

Immediate Past President: Khoo Sze Boon

Adviser: Goh Ngan Hong

Honorary Secretary: Ong Kung Yew

Honorary Treasurer: Yvonne Tho

Asst. Honorary Secretary: Jacqueline Huan

Council Member: Prof (Dr) Florence Ling Josephine Lee Tay Ter Long Wong Yi Min Ashley Chan

EDITORIAL CONTRIBUTIONS

All contributions of suitable articles are welcomed. Article submissions should be in word format and include uncopyrighted image if necessary. Submissions should reach the Secretariat before 25th February/May/ August/ November.

DISCLAIMER No part of this newsletter can be reproduced without the permission of the Institute. Contents of the newsletter do not necessarily reflect the views or opinions of the Singapore Institute of Surveyors and Valuers and no liability is accepted in relation thereof.

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SINGAPORE INSTITUTE OF SURVEYORS AND VALUERS

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QS Connect CONTENTS

CONGRATULATIONS & A WARM WELCOME TO OUR NEW MEMBERS (APR 2021 TO JUN 2021)

MEMBER

Chen Wanting

Law Kah Meng

TECHNICAL MEMBER

Hen Jong Cheng

Jee Zhening

Pow Kak Wen

Secretariat Support: Emmeline Chen, Nellie Liu

Social & Engagement Committee: Janice Leong, Zidane Ong, Wee Li Woon

Special Thanks to CPD Committee — Kelvin Goh for the contribution of the write-up for CPD Events

EDITORIAL TEAM

QS President’s Message 03

40th Annual General Meeting on 24 April 2021 04

Highlights of 2020 05

CPD: Enforcing (and Setting Aside) Liquidated Damages Clauses 06

CPD: Latest Developments Relating to the SOP Act 06

NIQS YQS Forum 07

ICEC RP Webinar 07

PAQS - Iwata Foundation 2021 Travelling Scholarship Competition 07

CPD: Value Engineering (VE) – Beyond Cost Cutting 07

APC Assessor Training 08

BuildSG Lead Forum 2021 Series: Towards A Collaborative BE Sector Through Procurement Practices

08

Jacqueline Huan Chair

Tan Mew Leng Giselle Chieng Hong May Ling

Aug 2021 QS Connect | 3

PRESIDENT’S MESSAGE

QS PRESIDENT’S MESSAGE I hope everyone is keeping well in the current pandemic situation.

I am greatly humbled and honored to be elected as the President for the new 30th QS Divisional Council. Thanks for the hard work and efforts by the 29th QS Divisional Council under the strong and inspirational leadership by our Immediate Past President, Mr Khoo Sze Boon. The profile of the professional QS has been enhanced and today, many government agencies such as BCA and other industry partners are actively engaging SISV QS Division in a spectrum of industry matters, from MND committees, BCA working groups to CIJC working sessions. I would also like to take this opportunity to thank all of our QS members for your continuous support of our activities as all these initiatives will not happen without your participation especially in this difficult pandemic period.

Moving ahead whilst the BE industry is managing the challenges arising from the pandemic, I am confident that these uncertainties will be stabilized in time and we will be able to lead our QS profession forward.

In the current term, together with the QS Council members, I would like to focus on the following key plans:

• To push ahead with the action plan for the Construction Industry Transformation Map (ITM), particularly on finalizing the funding support from Enterprise Singapore (ESG) on the Accredited Professional QS (APQS) Scheme. APQS scheme is targeted to launch by 3Q/4Q 2021 and we will also embark on more recruitment drives for the APC assessors. We look forward to your valued support.

• To continue pushing for enhancing the professional standing and recognition of the Professional QS in the BE Sector. As a start, we need to strengthen our inner core, which is our various committees and activities. Thus, I would like to urge all of you to come forward to participate in the committees as your involvement will generate new ideas to address all the ongoing and new challenges ahead. I would also like to urge senior members and member firms to encourage your next generation/ promising leaders to join us as active committee members. The networking, knowledge and experience gained from the activities will also benefit the members in both tangible and intangible ways.

• To expand the membership to various sectors (i.e. government agencies, developers, consultants and contractors) to ensure a good outreach and a balance for all QSs in the BE Sector.

• To prepare for a successful PAQS Congress 2022 which has been postponed from 2020 to 2022 due to the COVID-19 pandemic. Subject to the safe measures and the development of the pandemic situation, the Congress may need to be in hybrid mode of physical and virtual meeting. This will pose even higher challenges to us as the host country in terms of planning, logistics and budgets. Please do reach out to us if you would like to assist in sponsorship and/ or be part of the Congress’s sub committees.

Lastly, on behalf of the QS Division, I wish you and your family well as we emerge stronger through the recovery from the COVID-19.

Looking forward to staying in touch.

WONG KIN HOONG FSISV

President (Quantity Surveying Division)

30TH QS DIVISIONAL COUNCIL 2021 - 2023

Wong Kin Hoong President

Colin Kin 1st Vice

President

Khor Tse Eng 2nd Vice President

Khoo Sze Boon Immediate Past

President

Goh Ngan Hong Adviser

Ong Kung Yew Honorary Secretary

Yvonne Tho Honorary Treasurer

Jacqueline Huan Asst Honorary

Secretary

Prof (Dr) Florence Ling

Council Member

Josephine Lee Council Member

Tay Ter Long Council Member

Wong Yi Min Council Member

Ashley Chan Council Member

NEWS FROM THE SECRETARIAT

This year, the SISV Institute AGM and Divisional AGM were once again carried out via Zoom on Saturday, 24 April 2021. The respective Divisional AGMs were convened in separate Zoom virtual rooms before being assembled into the main room for the Institute AGM.

In the Divisional AGM, the SISV QS Division President Mr Khoo Sze Boon shared the activities and external engagement in the past one year with the members. Some key updates are summarized as follows:

• Membership Updates – There is a growth in member/ probationer from 832 pax in Mar 2020 to current 881 pax as of 31 Mar 2021. 18 APC (Assessment of Professional Competence) interviews were conducted, in which 16 out of 18 candidates passed. Recruitment of APC Assessor is on going to support the growing membership.

• CPD events and Young QS activities (see next page for more information)

• SISV’s active participation in Construction Industry Joint Committee (CIJC) in driving the industry initiatives such as Construction Industry Transformation Map (ITM). SISV is also roped into various dialogues on the issues revolving around Covid-19 impact to Built Environment sector.

• SISV as a representative in BCA BuildSG Tripartite Committee and BCA iBuildSG Tripartite Committee.

• Accredited Professional QS Scheme (APQS) – One of the SISV Construction ITM Action Plan for QS Profession which has been approved by BCA and targeted to launch by end 2021 (more information in QS Connect April 2021 Edition: https://www.sisv.org.sg/admin/efinder/files/QS%20Connect%20Apr%202021_final.pdf).

• The formation of ASEAN Quantity Surveyors Association (AQSA) and a MOU signed by the five founding member’s country: Brunei, Indonesia, Singapore, Malaysia and Philippines (more information in QS Connect April 2021 Edition: https://www.sisv.org.sg/admin/efinder/files/QS%20Connect%20Apr%202021_final.pdf).

• Pacific Association of Quantity Surveyors (PAQS) – 2021 Congress will be hosted in Philippines (11 - 15 Nov 2021) whereas Singapore will host PAQS 2022 Congress.

The 30th QS Divisional Council was also formed and announced during the Divisional AGM. The Divisional AGM was ended with the congratulatory recognition to our newly elected fellows, members and tech members.

4 | QS Connect Aug 2021

40TH ANNUAL GENERAL MEETING ON 24 APRIL 2021

Q2 2020 Continuous Professional Development (CPD) Seminars

Impact of COVID-19 related Legal Developments on the Construction Industry (24 April 2020)

Young Quantity Surveying (YQS) Activities

Managing the Impacts of COVID-19 on Construction Projects (Brunei, Nigeria and Kenya) (25 April 2020)

Using Digital and Integrated Digital Delivery during the Time of COVID-19 (Singapore) (16 May 2020)

Modular Construction in Hong Kong & Singapore (Hong Kong and Singapore) (20 June 2020)

Q3 2020 Continuous Professional Development (CPD) Seminars

Revisiting Collaborative Contracting and ADR in the Post Covid Era (22 July 2020)

BCA-SISV Restart Webinar: Contract & Cost Management Under COVID-19 (19 August 2020)

Latest Legal Developments relating to the Security of Payment Act (18 September 2020)

Young Quantity Surveying (YQS) Activities

Heritage Building Information Model for Conservation and Management of Heritage Buildings (RISM) (25 July 2020)

Construction and Law: The Role of the Quantity Surveyor in Arbitrations (SISV-SIAC, Dentos Rodyk & Davidson LLP) (28 August 2020)

Enabling Lean In Construction Industry (12 September 2020)

Surviving Post-COVID: New Norms for Young Professionals (23 September 2020)

Regional Engagement

PAQS Annual Congress: Updates on the Construction Industry in PAQS Countries & COVID-19 Pandemic Claims and Resolution for Quantity Surveyors (27 August 2020)

PAQS Annual Board Meeting (7 September 2020)

HIGHLIGHTS OF 2020

QS Connect | 5 Aug 2021

Q4 2020 Continuous Professional Development (CPD) Seminars

SISV-BCA’s BuildSG Joint Webinar: New PSSCOC Forms 8th Edition and 7th Edition (D&B) (2 October 2020)

Go Digital Leadership Forum 2020 (8 October 2020)

SISV-SIBL: Latest Development in Construction Law (16 October 2020)

SISV-AIQS: Time and Cost Implications to the Construction Industry (30 October 2020)

BCA-SISV-SCAL-SIA Restart Webinar: COTMA Revision & Contracts Management Best Practices (9 December 2020)

COVID-19 Claims and Remedies (18 December 2020)

Young Quantity Surveying (YQS) Activities

Value Engineering and Risk Management (Philippines) (24 October 2020)

Effective Communication in Contract Administration (Nigeria) (28 November 2020)

Regional Engagement

RICS Awards 2020 Southeast Asia (11 to 19 November 2020)

Q1 2021 Young Quantity Surveying (YQS) Activities

Future Leaders Connect 2021 (YQS Leaders from Various Countries) (6 February 2021)

Regional Engagement

ASEAN Quantity Surveyors Association (AQSA) MOU Signing Ceremony (25 February 2021)

CPD EVENTS

6 | QS Connect Aug 2021

ENFORCING (AND SETTING ASIDE) LIQUIDATED DAMAGES CLAUSES

LATEST DEVELOPMENTS RELATING TO THE SOP ACT

SISV held three webinars in the 2nd quarter of 2021. There are “Enforcing (and Setting Aside) Liquidated Damages

Clauses” on 5 May 2021, “Latest Developments relating to the SOP Act” on 21 May 2021, and “Value Engineering

(VE) – Beyond Cost Cutting” on 29 June 2021.

Our guest speakers were Mr Melvin Chan and Mr Thio Shen Yi from TSMP Law Corporation. They spoke about setting liquidated damages (LD) aside in the context of the recent Singapore Court of Appeal decision of Denka Advantech and another v Seraya Energy Pte Ltd [2020] SGCA 119 (“Seraya”).

Mr. Melvin was the first speaker and he started off with the compensatory nature of LD and its enforceability (LD must not be a penalty) established in the English House of Lord’s decision of Dunlop Pneumatic Tyre Company Limited v New Garage and Mother Company Limited [1915] AC 79 (“Dunlop”). He then moved on to the latest English case of Cavendish Square Holdings BV v Makdessi [2016] AC 1172 (“Cavendish”) where the English Supreme court had developed a wider approach to the Penalty Rule established in the Dunlop case. The Seraya

decision by the Singapore Court of Appeal was then discussed and confirmed that the Dunlop approach would continue to be applicable in Singapore.

Mr. Thio shared his views that Seraya confirmed the

purpose of LD clauses in Singapore is limited to

providing compensation for damages and other non-

compensatory factors shall not be considered. Mr.

Thio also discussed the difference between primary

and secondary obligations in the contract and their

effect on LD. About 80 participants attended the

webinar.

The annual signature event which is in its 6th year had attracted 170 participants. The guest speakers were Mr Sathiaseelan Jagateesan from Allen & Gledhill LLP and Mr Soh Lip San from Rajah and Tann Singapore LLP.

Mr Sathiaseelan brought us through the challenges faced by contractors and developers during the COVID-19 pandemic. Contractors claiming for reliefs under the COTMA were in a quandary regarding the sufficiency of the reliefs – no progress meant no payment, but at the same time no payment would also mean no progress. Other challenges posed were the grounds for termination as well as insolvency under Section 440 of the Insolvency, Restructuring and Dissolution Act. Mr Sathia then dived into recent cases which dealt with adjudication after termination such as Orion-One Residential Pte Ltd v Dong Cheng Construction Pte Ltd [2020] SGCA 121, and Frontbuild Engineering & Construction Pte Ltd v JHJ Construction Pte Ltd [2021] SGHC 72.

Mr. Soh started by revisiting the process of Adjudication and the requirements for the payment claim and response under the SOPA. He referred to Section 17(2A) of the SOPA which dealt with payment claims or responses related to damage, loss or expense that were not supported by documents showing agreement between the claimant and respondent on the quantum of that part of the payment claim or response. The Singapore High Court decision of Range Construction Pte Ltd v Goldbell Engineering Pte Ltd [2020] SGHC 191 was discussed as it was the before the launch of amendments to the SOPA (2019).

The issue of setting aside an Adjudication Determination (AD) was also discussed in Façade Solution Pte Ltd v

Mero Asia Pacific Pte Ltd [2020] SGCA 88, and the key take-away was the brief nature of payment claims was not

an excuse to provide false information about underlying facts.

YOUNG QS CORNER/ CPD EVENTS

QS Connect | 7 Aug 2021

NIQS YQS FORUM AND ICEC RP WEBINAR On 1 May 2021, our YQS Jacqueline Huan was invited for the Nigerian

Institute of Quantity Surveyors (NIQS) Young QS (YQS) Forum titled

"The 21st Century Quantity Surveying Practice (Challenges &

Opportunities)" as guest speaker. The paper she delivered titled

“Integrated Digital Delivery - Unmanned Aerial Vehicles” for the forum

was also the paper that she presented for PAQS Congress 2019 held at

Kuching, Malaysia. For those who interested to read out more, the

paper is available online via this link.

On 29 May 2021, ICEC RP had invited Dr Alexia Nalewait, the Past Chair

of ICEC to share with the young professionals on the topic “Emergent &

Unexpected Sources of Value from Radio Astronomy Projects”.

Although it is unlikely to have a radio astronomy project in a tropical

country such as Singapore due to hot and humid climate, Dr Alexia

shared with the participant her interesting project experience in the

USA and research findings of other countries. For those who wish to

revisit the webinar, you can watch the playback via the following link:

https://www.youtube.com/watch?v=hMol023lsw8.

The entries for the PAQS-Iwata Foundation 2021 Travelling Scholarship Competition are

now being accepted and will close on Monday, 6 September 2021. The topic for the essay

competition for 2021 is “Creating Smart Cities to Help Build the Future (Embracing

Digitalization and Sustainability)”.

If you are 40 years old or below and a member or probationer of SISV, we strongly

encourage you to participate in this essay competition. Feel free to reach out to our YQS

committee should you need any assistance.

Subject to the development of the pandemic situation, the competition winner will receive travel airfares, 3

night’s accommodation and full registration for the attendance at the upcoming PAQS Annual Congress which will

be held from 11 to 15 Nov 2021 in Pasay City, Manila, Philippines.

For more info, kindly refer to the web link : https://paqs2021.com/iwata-competition/.

PAQS - IWATA FOUNDATION 2021 TRAVELLING SCHOLARSHIP COMPETITION

VALUE ENGINEERING (VE) – BEYOND COST CUTTING This joint webinar by SISV and Australian Institute of Quantity Surveyors (AIQS) is in its second

2nd year. The guest speaker was Mr. Thomas Wong, a chartered surveyor based in Hongkong

and a facilitator registered with the Hongkong Institute of Value Management. Mr. Wong set

the scene by first differentiating cost cutting exercises from value management exercises. A

quick history on the development of value management followed, and the relationships

between value, function and cost were elaborated. The procedures involved in the value

management phases were explained with examples provided. Techniques for stimulating

creative thinking and evaluating ideas were introduced during the case study.

Aug 2021 8 | QS Connect

LOCAL ENGAGEMENT

“Towards a Collaborative BE Sector through Procurement Practices” is the first session of the BuildSG LEAD Forum 2021, and was conducted on 21 May 2021. The forum was delivered online and is a joint collaboration by the Building and Construction Authority (BCA), JTC and Real Estate Developers’ Association of Singapore (REDAS).

The forum kickstarted with an opening remark from Mr Kelvin Wong, CEO (BCA), highlighting the need for the industry to work on a more collaborative mindset, especially in the current pandemic situation. In his opening speech, Mr Wong shared why there is a need for the sector to collaborate better in terms of how contracts are conceived and planned. A Working Committee for Collaborative Contracting (WCCC) had been set up to study and champion the adoption of collaborative contracting. These collaborative contract provisions had been prepared in the form of an option module to be used in conjunction with PSSCOC, where the option module is currently in its pilot phase and implemented in selected projects such as the Punggol Digital District project.

The following were the speakers for the forum:

• Er Ng Man Hon, Director, Procurement Policies Department (BCA) - where he shared how collaborative contracting can help to drive transformation under the Construction Industry Transformation Map (ITM), as well as the current efforts from BCA to strengthen collaboration in tenders and in standard contract forms.

• Mr Tay Ter Long, Group Director, Contracts & Procurement Division (JTC) - illustration of collaboration amongst stakeholders where JTC has piloted PSSCOC’s Optional Module E for the Punggol Digital District project, challenges faced and lessons learned thus far.

• Mr Eugene Seah, Senior Director, Special Projects (Surbana Jurong Group) - sharing on current practices and perspectives on collaboration among stakeholders as well as examples of adoption of collaborative approach in private sector projects.

The forum ended with an engaging panel discussion moderated by Mr Tan Chee Kiat, Group Director for Business Development (BCA). SISV QS Division president, Mr Wong Kin Hoong was one of the invited panelists. The panel discussion presented different views with a wide array of panel members with representatives from REDAS, SCAL, SIA and SISV.

Presentation materials and the recording for the forum can be accessed via https://www.bcaa.edu.sg/blf-21may.

The SISV QS Division APC (Assessment of Professional Competences) Committee had conducted the 1st training to the newly recruited assessors on 27 Apr 2021. The training consisted of 2 parts: sharing by the experienced assessor and breakout session with discussion questions posted for the participants to ponder. The approved Accredited Professional Quantity Surveyor (APQS) Scheme is targeted to be launched in 2021. We look forward to more QS practitioners to come forward as the assessor to support this exciting journey for the QS

profession in Singapore. You can download the APC Assessor application form from this link and return the duly complete form with the required supporting documents to our SISV Secretariat: emmeline.chen@sisv.org.sg and qs.admin@sisv.org.sg.

BUILDSG LEAD FORUM 2021 SERIES: TOWARDS A COLLABORATIVE BE SECTOR THROUGH PROCUREMENT PRACTICES

APC ASSESSOR TRAINING