Lawyers
Peter Gabriel
Manoj Nandwani
Renganathan Shankar
Wang Yanwei Wendy
Kelvin David Tan
Eric Liew
Shannon Ong
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Kelvin David Tan
Kelvin obtained his LLB (Hons) 2nd Upper Division from the University of Hull, England in 1995. Thereafter, he was called to the Bar of England and Wales in 1996. In 1998 he was admitted as an Advocate and Solicitor of Singapore and in 2001, he was also admitted to the Law Society of England and Wales as a Solicitor.
Kelvin began his career at Lee BongLeong & Co practising general civil and criminal litigation. He has since worked with Wong Partnership and Harry Elias Partnership in Singapore as well as a two year stint at Berrymans Lace Mawer in London.
Kelvin's main experience is in general commercial litigation, with a
sub-specialty in construction and insurance related matters. He also has
done a substantial amount of advisory work in relation to project and
construction matters, including the drafting of contract ocumentation.
Kelvin has also spent 3 months on attachment with Singapore Airlines as a
legal counsel, where he handled a number of IT projects and contracts,
including the review and negotiation of contracts and IT related contracts.
His experience includes the following:-
- Acted for the project Insurers in the Nicoll Highway Inquiry that
arose out of the collapse of part of the Circle Line works at Nicoll
Highway. The inquiry spanned for 6 months and dealt with a number of highly
technical geotechnical issues.
- Advised a contractor in its negotiations with a consortium in relation to the tender for the Singapore Sports hub.
- Advised a hotel developer in relation to the project documentation for the construction of a new hotel at Tiong Bahru.
- Acted for a LTA Contractor in relation to claims arising out of construction of the KPE project at Kallang.
- Acted for a company in relation to a $15 million dollar claim arising out of the construction ofa columbarium.
- Acted for the shareholders of a company in relation toa suit under the Companies Act for Minority oppression. The suit is ongoing.
- Acted for an engineering consultant in a negligence suit in relation to the collapse of a basement car park system that was under construction at the time.
- Acted for a major construction company in relation to claims arising out of foundation problems in commercial development which led to the building to tilt.
- Acted for several developers in relation to suits concerning defects in several private condominiums.
- Acted for a major construction company in relation to claims by the
developer in connection with the development of a Research and Development
project.
- Assisted in the drafting of variousagreements and contracts for the
Building and Construction Authority, the Singapore Contractors’ Association
and other private clients.
- Acted for the Building and Construction Authority in relation to a
claim bythe BCA on a performance bond and for which an injunction was
obtainedagainst them. The injunction was subsequently dismissed.
- Acted for a local hospital in a claim against a Japanese company
over the installation ofan automated car park system.
- Advised a local listed company and itssubsidiaries in
relation to claims involving oil and gas projects in Iran and China.
- Acted for insurers and their insured, a leading structural
engineering company in a case involving a road viaduct which involved for
the first time in UK a new form of pre-stressed segmented construction.
The contractor lodged two separate claims, one for damages arising out of
negligence for poor design of the bridge and the other for damages as a
result of a failure of one of the bridge components during construction. In
both claims there were a number of issues that required expert evidence and
these related to the assessment of the damages claimed by the contractor,
the entitlement to additional fees, the cause of delay and the cause of the
failure of the components.
- Acted for an engineering and power company in a case involving
damage to a gas turbine supplied for use in a nuclear reprocessing power
plant.
- Acted for the management company of an office block in Canary Wharf
in relation to a £1million pound claim for damage caused by the activation
of the fire sprinkler system. Proceedings were commenced in the Technology
and Construction Court and the matter was scheduled for hearing in June 2003
- Acted for adeveloper in a claim against the structural engineers
and piling contracto rfor damage to an adjacent building as a result of
poorly supervised CFA piling.
- Acted for insurers and their insured, a global structural
engineering firm in a US$40 million claim by the main contractorin a
project involving an overseas public infrastructure project. The main areas
of dispute concentrated on the inadequate reinforcement in the design of a
railway depot and other buildings.
- Acted for insurers andtheir insured, an engineering firm in a case
involving a ground failure into a canal as a result of excess spoil placed
on the land. The developer sued the engineer for negligence alleging that
they had failed to obtain propersoil surveys.
- Acted for insurers and their insured, an engineering firm in claim
by the contractor involving a £500 million road extension to the M6 highway.
- Acted for a local structural engineering firm ina FIDIC arbitration
involving a hotel project in Portugal. Arbitration proceedings were
commenced by the Quantity Surveyors appointed to the project, for losses
that they claim they suffered as a result of our clients.
- Acted for a major Australian Construction Company in a dispute over
the development of a US$60 million hotel in Ho Chi Min City,Vietnam. The
contract was based on JCT 1963 and the issues involved included time at
large, liquidated damages, variation claims, loss and expense and the
abatement of defective works. The arbitration was conducted in Singapore
under SIAC rules and the Arbitration Act. There were also a number of
issues which required expert evidence and these related to the assessment of
delay, fluorocarbon coating thickness, timber shrinkage, basement
waterproofing, the integrity of fire-rated doors, the properties of
laminated glass amongst others.
- Acted for a local development company in a dispute over the
development of an S$50 million hotel in Singapore. The issued involved
relate to defective works by the Main Contractor and direct contractors.
There were also issues of professional negligence against the Architect and
Engineers over structural inadequacies in the project.
- Acted for an UK Construction company in a dispute over the
development of a power plant in Singapore. Issues involved claims arising
out of delays to the works, accelerated works and variation works.
- Acted for a local telecommunications provider in a case involving
breach of contract, breach of confidence and unlawful interferencewith
contract against former employees. After a trial in High Court,the
Defendants consented to judgment being entered against them.
- Acted for a local town club in a dispute with the Director and
Shareholders involving loans to the Directors and Shareholders of $50
million. The matterwas resolved after 8 weeks of trail.
- Acted for a local listed companyin a $40 million dollar capital
reduction exercise.
- Advised alocal listed company on contentious aspect in their S$230
million debt restructuring exercise.
- Acted for a local Bank in a Criminal Affairs Department
investigation into breaches of Securities Industries Act over an Initial
Public Offering. The announcement of the IPO caused a public furoreas it
had certain misleading elements relating to the subscription rates. The
firm was involved in taking numerous statement from the employees to
reconstruct the event for the purposes of reporting to the owners of the
bank and negotiating with the Criminal Affairs Department.
- Acted for developer in a High Court Suit involving dispute over
construction of a condominium and shophouses. The matter was resolved
during the trial in the High Court.
- Acted for a local town council in an arbitration involving a
landfill dispute. The matter original proceeded by the way of arbitration
but was then transferred with consent of the parties to the HighCourt.
After trial, the High Court ruled in favour of clients.
- Acted for an Indonesian Company in a High Court Suit for damages for breach of contract over the sale of heavy machinery. The matter eventually went up to the Court of Appeal who ruled in clients’ favour and this wa sreported in [2001] 1 SLR 540.
- Acted for the subsidiary of a listed company in a High Court Suit against another company involving the rental of heavy cranes for a project in Indonesia.
Kelvin has published various legal articles and has also given and/or assisted in various seminarsincluding the following:-
Article on Unforeseen Legal Conditions, Asia Legal Business, Issue 5.3 Seminar on Amendments to the Public Sector Standard Conditions of Contract 2004, Various insurance and legal related articles in the Post Magazine and RIBA Journal, UK. Seminar on the working of the Building Maintenance and Strata Management Act. Seminar on the Workplace Safety and Health Act.
Kelvin is currently the Legal Contributor to QMagazine, a financial
magazine in Singapore.
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