Melvin Chan
陈家健
LL.B. (Hons) (King’s College)
Partner
“Always do the right thing.”
Among Melvin’s most prized possessions is a modest business-card holder, a gift from a transient worker client for whom he had successfully fought pro bono. It is symbolic of fact that while Melvin has triumphed over many landmark commercial cases, nothing quite gratifies him than when he finds justice for the indigent. As TSMP’s pro bono director, he partners with various charitable and non-governmental organisations including the Law Society Pro Bono Services Office, Humanitarian Organisation for Migration Economics and Transient Workers Count 2, to represent those unable to afford legal services.
Nevertheless, the Co-head of Construction & Engineering brings the same focus and commitment to pursuing every claim, whether it is over a billion-dollar petrochemical refinery dispute, or regarding overtime salary owed to a migrant builder. His mainstay is in civil and commercial litigation, where he has extensive experience in contentious construction and engineering disputes, both in Court and arbitration. He takes particular pleasure in breaking new legal ground, for then the Court decision not only benefits his client, but also all the clients after his. His work has been recognised by top global journals including Chambers, Benchmark Litigation, The Legal 500 and Asialaw.
An inveterate marathon runner, Melvin believes that the sport’s discipline and rigour translates to practice, bringing competitiveness, commitment and dedicated preparation into the courtroom. Besides: “You’ll be amazed what novel legal arguments one can come up with when faced with the banality of a 30km training run,” he says with a laugh.
Testimonials
Benchmark Litigation Asia-Pacific
“Melvin Chan, who we mostly communicated with, would always respond to our inquiries with thoroughly analysed advice where we could easily see how much he and his team are dedicated and committed to his work and to his clients.”
The Legal 500 Asia Pacific
“Melvin Chan is very well organized and he also gave us various best results in various disputes in court litigation and adjudication.”
Asialaw Profiles
“He is perfect at analysing the strengths and weaknesses of our case.”
Chambers Asia-Pacific
“He thought about our best interests and closely discussed options with us, giving fantastic advice on what to do and how to do it before we pulled the trigger.”
The Legal 500 Asia Pacific
“Constantly impresses in trusts disputes, corporate cases and arbitration enforcement proceedings.”
Chambers Asia-Pacific
“Technically very competent…He is commercially minded, detailed and meticulous in the work he does and I would recommend him to any company looking for construction advice.”
Chambers Asia-Pacific
“Confident, concise and precise…Melvin Chan has the ability to frame things in the right way and understand technical matters. He also has a reassuring manner which lends confidence”
Asialaw Profiles
“Very responsive, intelligent, and diligent attorney”
Notable Briefs
Successfully acted for a major electricity generator and retailor in the landmark decision of Denka Advantech Pte Ltd and another Seraya Energy Pte Ltd and another [2020] SGCA 119, wherein the Court of Appeal upheld the claim for liquidated damages, and in doing so, declined to adopt the wider legitimate interest standard developed by the UK Supreme Court in Cavendish Square Holding BV v Makdessi [2016] AC 1172.
Advising and acting for an international contractor in the construction of a prestige mixed-use development jointly developed by the sovereign wealth funds of Malaysia and Singapore, with a contract value in excess of S$1.6 billion.
Advising and acting for a major Korean main contractor in various disputes with its sub-contractors and suppliers relating to the construction of the Ng Teng Fong General Hospital and Jurong Community Hospital, including Court litigation and Adjudication proceedings under the Security of Payment Act regime.
Successfully acted for the owner of a conservation shophouse in the Chinatown heritage district in a dispute between the owner and the main contractor, architect and structural engineer relating to compliance with the URA Conservation Guidelines – Wei Siang Design Construction Pte Ltd v Euro Assets Holdings (S) Pte Ltd [2018] SGHC 182. The decision was upheld by the Court of Appeal.
Successfully acted for a leading insurance agency, Motion Insurance Agency Pte Ltd in defending a claims brought by policyholders of AIA insurance policies in respect of the fraud of an AIA financial services consultant – Ong Han Ling & Anor v American International Assurance Company, Ltd & Ors [2017] SGHC 327. The case determined the extent to which insurance companies and agencies are vicariously liable for the fraud of an insurance agent, and whether a duty of care was owed to the policyholders.
Successfully acted for the architect in a landmark decision of MCST Plan No 3322 v Mer Vue Developments Pte Ltd & Ors [2016] SGHC 38, in which the High Court decided for the first time that the architect can rely on the independent contractor defence. The decision was upheld by the Court of Appeal in MCST Plan No 3322 v Tiong Aik Construction Pte Ltd & Anor [2016] SGCA 40.
Successfully acted for a pro bono litigant in the landmark decision of SATS Construction Pte Ltd v Islam Md Ohidul [2016] 3 SLR 1164 involving the award of legal costs in pro bono cases; and also in Hasan Shofiqul v China Civil (Singapore) Pte Ltd [2018] SGHC 128, where the High Court re-considered the meaning of the term “executive” under the Employment Act, and its application to construction site supervisors.
Melvin Chan in the News
27 July 2022
Melvin Chan featured in the Ministry of Manpower’s Facebook post on volunteering with Law Society Pro Bono Services
23 November 2020
Melvin Chan quoted on ST: “Law firms, beauty brand among companies lauded for social contributions”
2 November 2020
Hans Tjio and Melvin Chan’s Forefront article, “Covid-19 tips balance further in favour of shareholders over creditors” carried in BT
11 September 2020
Melvin Chan quoted in Today: “For migrant workers in trouble, navigating Singapore’s legal system can be a challenge”
24 April 2020
Melvin Chan comments in SCMP: “Coronavirus means cheap oil isn’t good news for energy-hungry Southeast Asia”
12 February 2018
Melvin Chan comments in BT: “Overseas property investments: the grass isn’t always greener”
11 October 2017
In-principle approval letters can be evidence of foreign workers’ rightful pay: Judge
Penned by Melvin Chan
7 February 2024
My Wishlist For 2024
By Thio Shen Yi, SC, Stefanie Yuen Thio, Ong Pei Ching, June Ho, Ian Lim, Jennifer Chia, Felicia Tan, Mark A. Jacobsen, Derek Loh, Melvin Chan
4 January 2021
2021: In Which We Rise From the Ashes of the Pandemic
By Thio Shen Yi, SC, Stefanie Yuen Thio, Ong Pei Ching, June Ho, Jennifer Chia, Kelvin Koh, Derek Loh, Melvin Chan, Adrian Tan