Construction Law And Contract Management

22-23 Jul, 2024, Wyndham Grand Bangsar Kuala Lumpur

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Prof R Venkat

LLM (UK), B. Eng., C.Eng., FCIArb, FCMA,MRICS, PGDBA

Program Chair- LLM in Construction Law & Arbitration.

Professor of Practice-Law, Manipal Law School

Trainer, Consultant , Author and Expert

Co-founder, C Cubed Consultants Limited

 

Prof R Venkat is a well- respected and distinguished speaker/trainer having over 30 years of industry experience in the GCC/Asia region. His expertise includes heavy engineering, infrastructure, construction, marine and non-conventional energy sectors. He is one of the founding partners of ‘C Cubed Consultants’, a Contracts and Claims Management consultancy based in UAE. He advises Clients, Contractors on various aspects of contractual matters and helps them to resolve their disputes in an amicable and practical way.

 

Prof R Venkat has developed a unique Masters program (LLM) in Construction Law and Arbitration which is the first of its kind in Asia. This Masters program is available for both legal and engineering professionals. Having assumed additional responsibility as a professor of practice at Manipal Law School, Bengaluru, India, he has been conducting short-term and Post graduate level courses in Construction Law specialization in addition to the LLM program.

He has conducted over 100 training/workshops during the past three years based on various forms of contract including Project Delay, Claims Assessment, EPC, EPCIC, Avoidance Management, FIDIC and Turnkey Contracts. He has been invited by leading universities for guest lectures to construction law/management post graduate students and he also writes regularly in construction and arbitration journals.

 

He is a Chartered Engineer, Construction lawyer, Chartered QS and Fellow member of chartered Institute of Arbitrators, London. He is fully conversant with legal principles related to the construction of both common law and civil law jurisdictions.

 

He has been listed as an arbitrator at India, Kuala Lumpur, Dubai and Hong Kong. He acts as an Expert Witness in construction arbitrations involving delay and quantum claims.

 

He is a co-founder of a contract life cycle management consultancy based in United Arab Emirates and advising contractors and clients on both pre and post contract related matters including dispute resolution.

Venue Details

Wyndham Grand Bangsar Kuala Lumpur
Jalan Pantai Baharu, Jaya Tower 3,
Phone : 03-2298 1888

Contact us

Juliany,
03 2283 6109
juliany@ipa.com.my

Phoebe,
03 2283 6100
phoebe@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Jane,
03 2283 6101
Jane@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Session 1: Development Of Construction Law In Various Jurisdictions And Uniqueness Of Construction Contracts
  • Session 2: Procurement Of Construction Contracts
  • Session 3: Effective Contract Administration
  • Session 4: Managing Contract Duration And Avoiding Delays
  • Session 5: Change Management And Variations
  • Session 6: Managing Risk In Construction Contracts
  • Session 7: Termination Of Contracts By Both Employer And Contractor
  • Session 8: Construction Claims And Dispute Resolution
COURSE OBJECTIVE
  1. Understanding Construction Law.
  2. Fundamentals Of Contract And Uniqueness Of Construction Contracts
  3. Contract Life Cycle, Various Stake Holders.
  4. Various Procurement Routes & Compensation Principles
  5. Estimation, Tender Process And Pre-Contract Risks
  6. Role Of An Engineer/Contract Administrator
  7. Best Practices In Contract Administration
  8. Importance Of Robust Baseline Program, Critical Path Evaluation
  9. Project Delays And Entitlement For An Extension Of Time
  10. Effectively Managing The Changes With Respect To Cost And Time
  11. Change Management And Variations.
  12. Risk Management Process; Risk Register
  13. How To Deal With Termination Of Contracts?
  14. Know About Onerous Requirements For Notices, Condition Precedent.
  15. What Is ADR? Primer On Arbitration
  16. Practical Tips For Successful Contract Management
BENEFITS OF ATTENDING THIS COURSE
  1. Practicing Lawyers/In-House Counsel Will Be Able To Manage The Construction Related Matters Effectively In Arbitration
    And Litigation.
  2. Contract Engineers/Managers Will Be Able To Effectively Draft Their Contracts And
    Minimize Disputes.
  3. Claims Consultants Will Be Able To Effectively Present Their Claims.
  4. Quantity Surveyors Will Be Able To Effectively Present Their Cost Reports And
    Variation Claims.
  5. Scheduling Engineers Will Be Able To Effectively Present Their Baseline Programs
    And Also Understand The Delay Claims.
  6. Owner’s Representative Will Get An Insight Of Different Procurement Routes And Packaging
    Of Contracts.
  7. Funders Will Gain Good Knowledge Of The Life Cycle Of Construction Contracts
    And Risk Involved In Funding Either The Owner
    Or Contractor.
WHO SHOULD ATTEND
  • Project Managers
  • Project Engineers
  • Contract Administrators
  • Contractors and Subcontractors
  • Planning Engineers/Planning Managers
  • Construction Managers
  • Forensic Claim Consultants
  • Legal Professionals who act as counsel in construction disputes
  • Investors
  • Developers/Corporates who work in construction and infrastructure development
  • Contract and Commercial Managers
METHODOLOGY
  • Interactive Lectures
  • Presentations
  • Case Studies
  • Role Play Exercises
  • Quiz
  • Q & A Sessions
  • Post event webinar for one hour within 3 months for doubt clearing
DAY 1
9:00

SESSION 1: DEVELOPMENT OF CONSTRUCTION LAW IN VARIOUS JURISDICTIONS AND
UNIQUENESS OF CONSTRUCTION CONTRACTS

How Construction and Construction Law evolved over centuries, fundamental
principles, laws impacting construction
industry, importance of inter-disciplinary
approach between engineering and law,
skills required to be a construction lawyer,
why construction engineers required to
understand construction law.

What is a Contract, How a valid contract
is formed, why Construction contracts are
unique, implied terms in a contract,
contract interpretation, and various
stakeholders involved, contract life
cycle from inception to completion, standard
forms, special forms for unique construction
like tunnels, marine works


10.45

SESSION 2: PROCUREMENT OF CONSTRUCTION
CONTRACTS

Various procurement routes, pros and
cons of each route, compensation principles,
how to choose appropriate
compensation mechanism, estimation,
tendering process, contract dossier,
prequalification, tender correspondence,
site visits, importance of appendices and test report, negotiation, issuance of LOI.

1:00 Lunch
2:00

SESSION 3: EFFECTIVE CONTRACT ADMINISTRATION

Rights and obligations of
Engineer, Contractor and Owner, Role of
an Engineer, Engineer/Project Manager
contrasted, site instructions, RFI responses,
site inspection, responsibility for quality
of work, taking over matters, role of Engineer
during defects liability period, Variation
instructions and Engineer’s decision/
determination. Dos and don’ts in
contract administration

3:45

SESSION 4: MANAGING CONTRACT DURATION AND AVOIDING
DELAYS

Importance of Baseline program,
contractual requirements, preparation
of construction scheduling, importance
of establishing correct critical path, good
practices in scheduling, program updates,
earned value management, and primer on
delay analysis

5:00 End of Day 1
DAY 2
9:00

SESSION 5: CHANGE MANAGEMENT AND VARIATIONS

Owner’s unilateral right to make changes in scope, how to effectively manage the
change, change management as a tool to
manage and control costs, cost reporting,
variance analysis and cost control, Use of
BOQ rates, BOQ loading.


10.45

SESSION 6: MANAGING RISK IN CONSTRUCTION CONTRACTS

Understand Project risks, classification of risks, risk process of identifying,
quantifying risks, qualitative and
quantitative assessment procedures, risk
register, building and implementing risk
response plan, monitoring and controlling
risks, lessons learned for future projects.

1:00 Lunch
2:00

SESSION 7: TERMINATION OF CONTRACTS BY BOTH EMPLOYER
AND CONTRACTOR

Termination of contracts by Employer, Suspension and termination by Contractor,
what is a Termination without a breach,
substantial breach, payment upon
termination, indemnities and force majeure
under construction contracts (special analysis on Covid claims)

3:45

SESSION 8: CONSTRUCTION CLAIMS AND DISPUTE RESOLUTION

Owners claim against contractor, Contractor’s entitlement under the
Contract, Claim procedures, tips
for effective presentation of claims,
role of experts, contemporaneous
records, condition precedent,
adjudication (both statutory and
contractual DAB) primer on arbitration,
Tips for successful constructioncontract management.

5:00 End of Course