Construction Contracts 2018

28 Mar, 2018, Seri Pacific Hotel

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PROF. DATO’ SALLEH BUANG formerly served as a Federal Counsel in theAttorney-General’s Chambers, Kuala Lumpur (1970-75), before he left for private practice, then the corporate sector and finally the academia. He was The Deputy-Dean, Kulliyyah of Laws, and International Islamic University until 1990, when he went into full-time consulting.

Over the last 3 decades, he had conducted numerous workshops, seminars, corporate briefings and courses covering land law, housing development, construction law, joint ventures and planning law. Author of more than 25 books and monographs on a wide range of legal topics, he now writes for his weekly column in New Straits Times, Utusan Malaysia and Berita Harian.

Until 2013, he was a Visiting Professor at the Faculty of Geoinformation and Real Estate, UTM, Johor. He is currently a Member of the Board of Trustees of the Kuala Lumpur Foundation to Criminalise War (KLFCW).

Venue Details

Seri Pacific Hotel
Jalan Putra, 50350 Kuala Lumpur, - 50350
Phone : (603) 4042 5555

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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
  • Fundamentals of Construction Contracts
  • Rights and Obligations of Employers, Contractors, Contract Administrators
  • Ensuring Payments – CIPAA 2012
  • Resolving Disputes – Litigation, ADR, Specialized Construction Courts

    WITH A FINAL SESSION ON CASE STUDY: HSR KL - SINGAPORE PROJECT 2017-2026
  • Significance of OBOR
  • Is a special HSR Act necessary?
  • Phases of its implementation
OBJECTIVES

At the recent INVEST MALAYSIA 2018 Conference held in Kuala Lumpur on January 23, 2018, Malaysian Prime Minister announced several mega people-centric construction projects, namely the Pan Borneo Highway, the Murum Hydroelectric Plant in Sarawak, the transformation of the Sepangar Bay Container Port in Sabah, the East Coast Rail Link (ECRL) in Peninsular Malaysia, the new MRT lines in Kuala Lumpur, the upgrading of the airports in Penang and Langkawi, the Labuan Development Blueprint 2030, and the Kuala Lumpur – Singapore High Speed Rail (HSR) project.

 

This latest announcement followed an earlier media report (in November 2017) that construction projects worth RM350bil are expected to come on-stream over the next three years with the announcement of Budget 2018. According to the Master Builders Association Malaysia (MBAM), outstanding projects in the construction industry are presently estimated to be worth at least RM138billions.

 

Construction Industry Development Board (CIDB) Chairman Tan Sri Dr Ir Ahmad Tajuddin Ali has reminded all key players in the construction industry that the federal government has made it mandatory for all private projects valued at RM50 millions or more to use the industrialised building system (IBS) by 2020. This is one of the targets set in the Construction Industry Transformation Programme 2016-2020.

 

This One Day intensive and interactive refresher course for senior management is organized to provide an opportunity for the construction industry planners, players and managers to update their understanding of the latest development in this complex branch of law so that they can face the myriad challenges, opportunities and complexities of the construction law in the years ahead.

WHO SHOULD ATTEND
  • Property Managers
  • Marketing Managers
  • Builders
  • Land Owners
  • Legal Advisors
  • Investment Advisers & Planning Managers
  • Project Managers
  • Valuers
  • Property Consultants
  • Land Administration Managers
  • Bankers
  • Tax Managers
  • Estate Agents
  • Surveyors
  • Property Developers
  • Lawyers and Paralegals
  • Financiers
  • Contractor
METHODOLOGY

Interactive Lectures, Discussions and Practical Cases on all relevant areas to ensure participants grasp clearly issues presented.

WHAT YOU WILL LEARN
9:00 SESSION 1: GETTING DOWN TO BUSINESS
  • The governing law - Contracts Act 1950, CIDB Act 1994, CIPAA 2012, Arbitration Act 2005
  • Standard terms - model standard terms in Malaysia & other jurisdictions
  • Elements of a binding enforceable contract
  • Formation of a construction contract - invitation to treat, making the offer, post acceptance, before starting work on site, is work program binding?
  • Principle of “entire contract” - express and implied terms
  • The Contract Documents - Articles of Agreement, terms and conditions, drawings and specifications, hierarchy of contract documents.
10.45 SESSION 2: KNOW YOUR RIGHTS AND OBLIGATIONS
  • Contractors - duty to complete the works, due diligence, fitness of purpose, skill and judgment, warn Employer of obvious design defects; right to receive payment, non-interference, timely instructions, timely site possession.
  • Employers - duty to pay on time (failure makes time to be at large), give site possession on time; right to have work completed on time, remedial works during DLP, right to terminate if contractors default.
  • Contract Administrators - duty to act fairly towards Employer and Contractor, duty of diligence, skill and care.
  • Subcontractors - duty to main contractor, duty to indemnify main contractor, liability in tort towards Employer; right to receive payment on time.
  • Case studies
1:00 Lunch

2.00 SESSION 3: GETTING THE WORK DONE
  • The “Works” - Is it defined in the contract document?
  • Variations - Is it provided in the contract? Limits? Bona fide?
  • Effect of breach – innocent party’s response, duty to mitigate loss, damages and penalties
  • Claims - in contract, in quantum meruit, in tort, ex gratia payments; ensuring success and avoiding failure
  • Payment to contractors and subcontractors - Construction Industry Payment and Adjudication Act 2012
  • Resolving construction disputes - litigation, ADR, Adjudication, and special Construction Courts.
3.45 SESSION 4: HIGH SPEED RAIL KL- SINGAPORE PROJECT
  • Introduction - rail connectivity, China’s grand vision One Belt One Road (OBOR), rail connectivity South East Asia – China.
  • Building on KL- Singapore strong relationship - the MoU, the formal Agreement, the agreed timeline, the Stations, impact on local authorities
  • Governing law - Singapore’s new legislation, will Malaysia follow suit?
  • The phases of implementation - possible joint ventures.
  • Summing up. Q&A.
5:00 End of Course