05-06 Apr, 2006 - Kuala Lumpur, MALAYSIA
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| Day 1 - Wednesday, 5 April | |
| 8:00 | Registration |
| Morning Sessions will be led by | |
| Sr. Noushad Ali Naseem bin Ameer Ali | |
| FISM, MRICS, MAPM, MCIArb, FCIOB, RegQS, Accredited Mediator [CIDB Panel] BSc (Hons) QS [Reading], CDipAF, MSc Arch [UCL], MSc Construction Law (KCL) | |
| Director | |
| HPRC Consulting Group (M) Sdn Bhd | |
| Managing Director | |
| CIC-QS Services Sdn Bhd | |
| 9:00 | CONTRACT DRAFTING AND FORMATION |
| • Basic principles of formation of construction contracts | |
| • Allocating risk between parties to a contract | |
| Standard forms of construction contracts in Malaysia | |
| • Amended standard forms of construction contracts – illustrations from PAM 98, JKR 203A and CIDB 2000 contracts | |
| • Alternative construction contract strategies – a contract in plain English that the client, contractor and contract administrator truly understand | |
| 10:00 | CERTIFICATION FOR PAYMENT IN THE CONSTRUCTION INDUSTRY – THEORY VS. REALITY |
| 10:30 | Discussion followed by Coffee |
| 10:50 | THE EXTENT OF PAYMENT PROBLEMS IN THE CONSTRUCTION INDUSTRY |
| • Consultants’ Perspective | |
| • Contractor’s Perspective | |
| • Supplier’s Perspective | |
| 11:30 | PAY-WHEN-PAID AND PAY-IF-PAID CLAIMS |
| 12:00 | HOW STATUTORY INTERVENTION HELPS THE CONSTRUCTION INDUSTRY MOVE TOWARDS ZERO PAYMENT DEFAULT – A MALAYSIAN CONSTRUCTION INDUSTRY PAYMENT AND ADJUDICATION ACT |
| 1:00 | Discussion followed by Lunch |
| Afternoon Session led by | |
| Alastair Gray | |
| Senior Consultant | |
| Trett Consulting | |
| 2:00 | ACCELERATION & PRODUCTIVITY LOSS |
| • Reasons for acceleration | |
| • “Constructive acceleration” | |
| • Dilemma’s of acceleration for Contractors and Employers | |
| • The effects on productivity and key problems | |
| • Demonstrating acceleration & productivity loss | |
| 3:15 | Discussion followed by Tea |
| 3:45 | EXTENSION OF TIME ANALYSIS - MYTHOLOGY & METHODOLOGY |
| • Background of delay and the approach of the courts both past & present | |
| • Demonstration of delay using various methods of delay analysis techniques | |
| • Comparison of methods of delay - relative strengths and weaknesses | |
| • Practicalities of making and resisting delay claims | |
| • Case study | |
| 5:00 | Discussion followed by Close of Day One |
| Day 2 - Thursday, 6 April | |
| Sessions led by | |
| Sanjay Mohannasundaram | |
| Partner | |
| Lee Hishammuddin Allen Gledhill | |
| SUBCONTRACTING | |
| CLAIMS MANAGEMENT | |
| • Claims for liquated damages | |
| • Claims for defective works | |
| • Claims for damages under other express provisions of construction contracts | |
| VARIATIONS | |
| • The right for one party to unilaterally vary the contract provisions | |
| • Procedural pre-requisites | |
| • Types of variations | |
| • Assessing and valuing variation claims | |
| DISPUTE RESOLUTION | |
| • Negotiation | |
| • Mediation / Conciliation | |
| Adjudication | |
| • Arbitration | |
| • Litigation | |
| 5:00 | Final Discussion followed by Close of Program |
| Day Two Sessions are from 9.00am – 5.00pm, Coffee at 10.30 – 11.00, Lunch at 1.00 – 2.00, Tea at 3.30 – 4.00. All breaks are subject to the discretion of the Speaker, depending on the flow of the program) |