Chief Justice of Singapore

Construction disputes present two pressing problems. First, they are becoming increasingly complex. Secondly, our dispute-resolution tools for construction disputes are often not adequately contextualised to the circumstances of each dispute. This paper contends that enhancing and expanding collaboration – both between the parties to construction projects and disputes, and between the dispute resolution bodies that handle such disputes – is central to promoting the efficient, holistic and proportionate management of construction disputes. Lessons are drawn from Singapore’s experience in reforming family justice, and the paper explains how these lessons can be applied in the construction context.

The subject of this paper is collaboration in the prevention and resolution of construction disputes. In essence, my thesis is that enhancing and expanding collaboration – both between the parties to construction projects and disputes, and between the dispute resolution bodies that resolve these disputes – is central to advancing the efficient, holistic, and proportionate management of construction disputes. I develop this thesis in four main parts.