Society of Construction Law
The Caribbean Society of Construction Law (“CSCL”) was established in 2011 with the aim of promoting the study and undertanding of construction law and procedures. The CSCL has been modelled on the SCL in the UK which was formed in 1983. The CSCL has submitted an application to be affiliated to the Society of Construction Law in the UK . For further details see their website at www.scl.org.uk. Others SCL’s have been established in Australia, Singapore, the Middle East and Europe.
Membership of the CSCL is open to anyone with an interest in the law and procedure of building, engineering and construction projects with lois de defiscalisation. This includes surveyors, architects, engineers, project managers, builders and students, as well as lawyers and judges.
The stated aim of the CSCL is:- “to promote for the public benefit, education, study and research (and publication of the useful results of such research) in the field of construction law and related subjects both in the Caribbean and overseas”.
On this web site you will find the Constitution, a Business Plan and a Membership Application Form. Please take a look to learn more about the CSCL and its plans.
One of the advantages of membership is that you will receive interesting and informative articles and papers published by our members and other contributors. After a number of these have been published, you will also receive access to all of the papers published by the SCL UK.
The CSCL is run by a Council, the founding members of which are shown in the Business Plan. We would welcome additional members on the Council and I would encourage you to join so that we have representatives from a variety of professions and countries.
We invite you to become a member of the CSCL by completing the membership application form and returning it by e-mail to me or to our Membership Secretary, Mr Sanjay Amin. At this stage no payment is necessary as we are yet to open a bank account.
I do hope that you will support this new venture and join the CSCL.
Stuart V. Kennedy
Chairman, Caribbean Society of Construction Law
Stuart V. Kennedy
Barrister, Chartered Arbitrator and Chartered Surveyor
Barrister and Solicitor of St Vincent and the Grenadines
P.O. Box 2462
Kingstown
St Vincent and the Grenadines
West Indies
Tel: +1 784 530 7882
Fax: +44 701 751 5771
CONSTITUTION OF THE CARIBBEAN SOCIETY OF CONSTRUCTION LAW
1 ESTABLISHMENT
1.1 The name of the Society shall be the "Caribbean Society of Construction Law".
2 INTERPRETATION OF TERMS
2.1 "the Society" shall mean the Caribbean Society of Construction Law.
2.2 "the Council" shall
mean the Council of the Society as provided for under Clause 6.
2.3 "the Members" shall mean the Members provided for under Clause 5.
2.4 “the Caribbean” shall mean the region covered by the Society which comprises the
following
countries:- Antigua and Barbuda, Aruba, The Bahamas, Barbados, Belize,
Cayman Islands, Costa Rica, Cuba, Curaçao, Dominica, Dominican Republic, Grenada,
Guyana, Haiti, Honduras, Jamaica, Martinique (French), Panama, St Kitts and
Nevis, St.
Lucia, Saint-Martin (French), Sint Maarten (Dutch), St Vincent and the Grenadines,
Suriname, Trinidad and Tobago, Turks and Caicos, Venezuela.
3 OBJECT
The object of the Society is to promote for the public benefit,
education, study and
research (and publication of the useful results of such research) in the field of
construction law and related subjects both in the Caribbean and overseas.
4 ACTIVITIES
4.1 In furtherance of the above
object but not further or otherwise the Society may engage in
the following:-
a) Promoting, supporting, organising or participating in conferences, seminars,
exhibitions, scholarships, courses, lectures and similar projects.
b) Instigating research and studies and working parties, obtaining information on all
aspects of construction law and technology and publishing the useful results thereof.
c) Publishing or communicating by any desirable and effective
means information
relating to construction law, and all matters relating thereto.
d) Establishing relationships, association and liaison with other persons and bodies in
the Caribbean and overseas with similar or related objects
and exchanging
information and studies and results concerning all matters relating thereto.
e) Employing agents or servants (not being Council Members) as may be necessary to
further the object of the Society.
f) Subject
to such consents as may be required by law, purchasing, selling, mortgaging,
charging or leasing any property which may be required for the purposes of the
Society.
g) Collecting subscriptions, donations and grants.
h) Providing, equipping, furnishing, fitting-out with all necessary plant, furniture and
equipment and managing buildings and properties.
i) Being registered as a charity
if so directed by the Council.
j) Encourage professionals and other persons from all related disciplines and sectors of
the construction industry to join the Society.
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5 MEMBERS
5.1 Categories of Membership:-
5.1.1 Ordinary Membership (Members resident in the Caribbean).
5.1.2 Honorary Membership (Granted at the discretion of the Council)
5.1.3 Overseas Membership (Members not resident in the Caribbean)
5.2 Candidates for membership
must declare in writing a serious and active interest in
construction law.
5.3 Applications for membership must be in writing addressed to the Society and must be
signed by the candidate who shall thereby undertake, if elected,
to conform to the
Constitution of the Society.
5.4 The election of candidates shall be at the sole discretion of the Council.
5.5 An elected candidate shall be admitted as a Member on payment of such fee subscriptions
or
proportion thereof as may from time to time be fixed by rules made by the Council.
5.6 If any Member fails to pay his fee subscription within three months after it becomes due
the Secretary may give notice to the Member of the
fact and if the subscription is not paid
within seven days of the date of such notice or within such further requisite time as the
Council may grant, such Member may by resolution of the Council be excluded from the
Society
and shall thereupon cease to be a Member, but shall not thereby cease to be liable
for any outstanding subscription.
5.7 A Member who has paid his subscription to date may retire from the Society by sending
his letter of resignation
in writing to the Council.
5.8 A Member who is in arrears with his subscription may retire from membership with the
consent of the Council but shall not cease to be liable for such arrears of subscription.
5.9 The Council may
elect any persons as Honorary Members of the Society for such periods
as the Council think fit on account of their distinction and eminence. Honorary Members
of the Society shall not pay any entrance fee or annual subscription;
Honorary Members
shall receive notices of and may attend any meeting other than Council meetings. No
Honorary Member shall in any circumstances have the right to vote at any meeting of the
Society.
5.10 If it appears to the Council or shall be represented to the Council in writing signed by
three or more Members that there has been reason to believe that a Member has been
guilty of conduct which in the absence of satisfactory
explanation will render such
member unfit to remain a Member or which would render a Member ineligible for
election, the Council shall send to such Member a statement in writing of the conduct
imputed to such Member and shall
afford the Member an opportunity of giving an
explanation in writing or in person as such Member may elect. If on consideration of such
explanation the Council shall be of the opinion that such Member ought to be excluded
from
the Society and provided that no less than two-thirds of the votes of the Council
present are cast in favour of such exclusion and on the passing of such Resolution the
Member shall cease to be a Member of the Society but shall
not cease to be liable for any
arrears of subscription.
6 COUNCIL
6.1 The Society shall be governed by a Council which shall comprise:-
6.1.1 Not more than 10 Ordinary Members selected as provided in Clause 8.
6.1.2
Such additional members as may be co-opted by Resolution of the Council for
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such period or periods as the Council in its sole discretion shall so decide. A coopted Member shall not vote on any matter or be eligible
for election as
Chairman or Vice Chairman of the Society. The number of co-opted members
shall not exceed one third of the Council formed at the Annual General Meeting
(herein collectively referred to as "Council Members").
6.2 The Council shall, subject to the control of General Meetings (but not so as to render
invalid any act done by the Council prior to a Resolution of a General Meeting), conduct
and manage all the affairs of the Society, exercise
all the powers, authorities and
discretions of the Society, obtain all such concessions, grants, acts and
authorisations from any Government or authority, enter into such contracts and do all
such other things as may be necessary
for furthering the object of the Society. The
Council shall sanction such acts of the Council Members as authorised by them and shall
honour any authorised obligations and commitments, financial or otherwise the Society or
the Council entered into by the Council Members.
6.3 At all meetings of the Council the Chairman of the Society if he shall be present, or, if
not, the Vice Chairman or if neither are present then a Council Member chosen by the
Council shall preside as Chairman.
6.4.1 A vacancy shall occur in the office of a Member of the Council if:-
(a) a Council Member dies; or
(b) the Council Member's resignation in writing is accepted by the Council; or
(c)
a Council Member shall retire in rotation; or
(d) a Council Member ceases for any reason to be a Member of the Society; or
(e) a Council Member has been adjudged bankrupt.
A resolution of the Council declaring such vacancy
of office as aforesaid shall be
conclusive evidence as to the facts and the grounds of the vacation stated in the
resolution.
6.4.2 A casual vacancy may be filled by election by the Council and the Council Member shall
hold office until the next Annual General Meeting.
6.5 Elections at the Annual General Meetings and by the Council shall take place
in
accordance with such rules as may be passed by the Council from rime to time.
7 OFFICERS
7.1 The Officers of the Society shall be:-
7.1.1 a Chairman and a Vice Chairman who shall be elected by the Council annually
from the Council constituted at the Annual General Meeting. The Chairman and
Vice Chairman shall hold office until the first meeting of the Council following the
next Annual General Meeting. Any vacancy in the office of Chairman
or Vice
Chairman may be filled by the Council and such arrangement shall be held for the
unexpired term of office;
7.1.2 the Treasurer, Secretary and a Membership Secretary (if any) as shall be appointed
by the Council
and who must be Members of the Society provided always that
Members may hold more than one such office; and
7.1.3 Council Members.
7.2 The Treasurer, Secretary and Membership Secretary shall serve for such period or periods
as may be appointed by the Council and, if not honorary, upon such terms and conditions
which the Council may decide and agree with such Officers.
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8 MEETINGS
- 1 Annual General Meeting
one-third of the Council Members of the Council, or, if the number of Council Members
is not a multiple of three, then the number nearest to, but not exceeding, one third shall
retire from office. Provided always that, if, at the time when a Council Member is due to
retire under this Rule, he is holding office as Chairman of the Society, he shall be deemed
to have been re-elected.
8.1.2 Subject to the provisions of Clause 6.4.1 the one-third or other nearest number of the
Council Members to retire shall consist of those who have been longest in office. The
length of time a Council Member has been in office shall be computed from his last
election or appointment where he has been appointed by Council to fill a previously
vacated office. In the event of two or more having been in office for the same length of
time, and a lesser number having to retire, such lesser number shall either retire by
agreement or by drawing lots amongst such two or more members who have been in
office for the same amount of time.
8.1.3 Every Council Member retiring under this Rule and being eligible for re-election shall,
unless he shall have signified to the Council his desire not to offer himself for re-election,
be deemed to be nominated for election.
8.1.4 The seats of the one-third or other nearest number of the Council Members who have
retired shall be filled by majority vote of Members present at the Annual General
Meeting.
8.1.5 Notwithstanding any provision within this Constitution, it is the intention of the
Society that the Council shall where possible be composed of Council Members from as
many countries and as many disciplines (professional, legal or otherwise) of the
construction sector of the Caribbean as possible.
8.2 Special General Meetings
8.2.1 A Special General Meeting may be called by the Council at any time.
8.2.2 10% or more of the total number Members may at any time require the Council to call a
Special General Meeting for the general consideration of any motion set out in a notice.
8.2.3 Every such notice shall be in writing signed by the Members who make it and sent to the
Secretary. The Council shall call a meeting in pursuance of such requisition, to be held
not earlier than 35 or later than 63 clear days from the receipt thereof.
8.2.4 Notice of every Special General Meeting specifying the object of it including any motion
to be moved thereat and stating on whose requisition (if any) premises (if any) it has been
called shall be sent to each Member by the Secretary not less than 21 clear days before the
day for holding the meeting.
8.2.5 No business shall be transacted at a Special General Meeting other than business of which
notice has been given.
8.2.6 At Special General Meetings, the order of the proceedings shall so far as applicable be the
same as at Annual General Meetings.
8.3 Provisions on the conduct of General Meeting
8.3.1 To constitute a General Meeting there must not be less than six Members in attendance
(either in person or by telephone/video link).
8.3.2 Every General Meeting shall have power to adjourn to a future day.
8.3.3 Whenever a General Meeting shall, in consequence of the non-attendance of a
sufficient number of Members, or by the Resolution of the Members present, be
adjourned to a future day, notice thereof shall be sent to the Members.
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8.3.4 All questions shall be decided by a majority of the Members personally attending and
voting and the Chairman shall in the event of an equality of votes, have a second or
casting vote.
8.4 The Chair at any General Meeting shall be taken by the Chairman or if absent the ViceChairman or if absent a Member appointed by the Council.
9 ACCOUNTS
9.1 The Council shall cause true accounts to be kept:-
9.1.1 of the sums of money received and expended by the Society and the matters in
respect of which such receipts and expenditure take place.
9.1.2 of the assets and liabilities of the Society.
9.2 The books of account shall be kept at the office of the Society or at such other place or
places as the Council may think fit and shall at all reasonable times be open to the
inspection of the Council.
9.3 The Council shall lay before the Society at the Annual General Meeting an account of the
receipts and the expenditure and the assets and liabilities up to the 31st day of March.
Provided always that the date to which the accounts are made in each year may be altered
by a Resolution of the Members in General Meeting either for any year in particular or
permanently.
9.4 The Council may appoint Auditors who shall make a report on the balance sheet and
accounts to be submitted to the Annual General Meeting and such a report shall be
annexed to the accounts or a reference thereto appear at the foot thereof and in the former
case a copy of the Auditor's report shall be sent with the accounts to every Member and in
either case the report shall be read at the relevant General Meeting.
9.5 All sums of money not immediately required for the business of the Society shall from
time to time be deposited in a Bank.
10 NOTICES
At least 21 clear days notice in writing of every Annual General Meeting and Special
General Meeting (exclusive in every case both of the day on which it is served or deemed
to be served and of the day for which it is given) specifying the place, the day and the
hour of the meeting and in the case of special business the general nature of that business
to all voting Members. Notice may be given either by post, facsimile or by e-mail.
11 RULES
The Council may from time to time make rules not inconsistent with any provisions of
this Constitution as it may think fit for the more effective conduct of the object of the
Society and from time to time rescind the same and make and publish other Rules in lieu
or substitution thereof or in addition thereto and the Rules for the time being in force
shall be binding upon all the Members.
12 AMENDMENT
This Constitution may be altered by resolution passed by at least two-thirds of the
Members in attendance and voting at a General Meeting. Such a resolution must be
received by the Secretary at least 21 clear days before that Meeting, and notice (including
the proposed alteration) must be given by the Secretary to the membership at least 14
clear days before the meeting.
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13 DISSOLUTION
The Society may be dissolved by resolution requiring the same majority and same notices
as a resolution for alteration of the Constitution. Upon dissolution, after satisfaction of
liabilities, the assets shall be applied to such charitable purpose similar to the object of
the Society as the General Meeting may select and in absence of such selection for some
other charitable purpose.
- END -
The Caribbean Society of Construction Law - BUSINESS PLAN
- This document sets out the plans and intentions for the establishment of a
- Scope. The CSCL will be a Caribbean wide organisation with members and
as a region for the CSCL is defined in paragraph 2.4 of the Constitution and
includes all the countries in or bordering on the Caribbean Sea. The
membership of the Association of Caribbean States has been used as a basis
for the countries included but with a few adjustments. The countries listed in
the Constitution have not been limited to English speaking countries as
membership is also open to all. The main language of the CSCL will be
English.
- Establishment. It is intended that the Society will be registered as an
several reasons for using this country as a base for the CSCL. Firstly, St
Vincent and the Grenadines is reasonably central to the Caribbean region.
Secondly, if the society were based in one of the larger islands (e.g. Trinidad
or Barbados) it may be seen as a society for that country only and not for the
whole Caribbean. In any event, the aim will be for the CSCL to be seen as a
Caribbean organisation with all communications done electronically and so its
place of registration is for administrative and legal purposes only.
- Links to SCL UK. The CSCL intends to become affiliated with the Society of
SCL UK International Policy.
- Constitution. The Draft Constitution of the CSCL is enclosed at Appendix A.
Law (UK) and complies with the SCL UK International Policy document. The
CSCL is a not-for-profit organisation, focused primarily on education.
Caribbean SCL Business Plan (Final Version June 2011) Page 2 of 7
- Membership. The Founder Members of the CSCL are listed in Appendix B (to
CSCL will actively encourage both lawyers and non-lawyers to become
members. The CSCL will produce an updated list each year of their members.
A draft Membership Application Form is attached at Appendix C.
- Officers. The initial Officers of the CSCL will be:-
Treasurer Mr John Bellhouse.
Secretary Mr Stephen Singh
Membership Secretary Mr Sanjay Amin
Other Officers may be appointed as and when suitable volunteers are
identified.
- Organisation. The CSCL will have no secretariat. At some future date a paid
development of a substantial organisation with heavy administrative costs.
- Website. The CSCL has purchased the domain names “caribbeanscl.org” and
copies of the Draft Constitution, Business Plan and Membership Application
Form. The CSCL will develop this website and will incorporate a link to SCL
UK. The website will be maintained locally by the CSCL.
- Logo. A copy the proposed CSCL Logo is enclosed at Appendix D. The CSCL
proposed CSCL logo is based on the logos used by SCL UK and other SCL
organisations and is in accordance with SCL UK’s guidelines.
- Funding. The CSCL will be self-funding. The main sources of funds will be (a)
and seminars. Donations and grants may also be sought from suitable
organisations and sponsors provided that their aims are compatible with the
CSCL.
Caribbean SCL Business Plan (Final Version June 2011) Page 3 of 7
- Expenditure. This will be kept to a minimum, particularly in the early period.
communications with members will be done electronically to avoid postage
and printing costs. The CSCL will open a bank account at the Bank of St
Vincent and the Grenadines (formerly the National Commercial Bank) and full
and proper accounts will be maintained by the Treasurer. The accounts will
be published on the CSCL website.
- Events. The CSCL aims to hold two or three events (seminars or meetings)
it is one of the aims of the CSCL to hold a Regional Conference in the
Caribbean once every two years. This may be done solely by CSCL or in
conjunction with other organisations such as the RICS Caribbean or the
Caribbean Branch of the Chartered Institute of Arbitrators. The CSCL also
hopes to host the SCL International Conference in 2014 or 2016.
- Independence. The CSCL is independent of any particular individual, firm or
financing events and set up costs but the Officers will maintain the CSCL’s
independence.
- Access to published papers. The CSCL will aim to produce papers from
members. After producing five such papers, CSCL will receive free access to
SCL UK published papers (without the need to be virtual members) in return
for sharing all of the CSCL’s papers and the whole of their website, and
events with the SCL UK.
Drafted by Stuart V. Kennedy with assistance from John Bellhouse and
others.
The Caribbean Society of Construction Law
June 2011
Caribbean SCL Business Plan (Final Version June 2011) Page 4 of 7
The Caribbean Society of Construction Law
APPENDIX A
Draft Constitution
Caribbean SCL Business Plan (Final Version June 2011) Page 5 of 7
The Caribbean Society of Construction Law
APPENDIX B
List of Founder Members
Caribbean SCL Business Plan (Final Version June 2011) Page 6 of 7
The Caribbean Society of Construction Law
APPENDIX C
Application for Membership Form
Caribbean SCL Business Plan (Final Version June 2011) Page 7 of 7
The Caribbean Society of Construction Law
International Construction Law Conference 2020
The CSCL is pleased to be a supporting organisation for the “International Construction Law Conference 2020″ being presented by SCL Australia and SCL New Zealand.
From Sunday, 6. May 2020
To Tuesday, 8. May 2020
You are invited to participate in the Fourth International Construction Law Conference to be held at the Sofitel Melbourne on Collins on 6-8 May 2020 in Melbourne, Australia. The conference is proudly hosted by The Society of Construction Law Australia
& The Society of Construction Law New Zealand.The conference theme “Global problems, shared solutions” underlines the inescapable fact that the cutting edge technology of the 21st century has spawned a dynamic global village. In the
second decade of the present century, issues in construction law, as never before, have come to transcend national boundaries. As the conference theme so clearly recognises, the issues clamour for trans-national solutions and the mutual
sharing of hard won experience.
The Conference Preliminary Program is now available online. To view the current schedule, please click here.
We encourage you to take advantage of the early registration rates. Please click here to register.
To learn more about the Fourth International Construction Law Conference please visit the website below
www.constructionlaw2020.com.
Location : Sofitel Melbourne on Collins, Melbourne, Australia
Contact : (O) + 61 3 9417 0888, (F) + 61 3 9417 0899, This e-mail address is being protected from spambots. You need JavaScript enabled to view it