Construction Contracts 2020 | Expectations & Optimism

30 Jun, 2020, Kuala Lumpur

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PROF. DATO’ SALLEH BUANG
formerly served as a Federal Counsel in the Attorney-General’s Chambers, Kuala Lumpur, 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 Utusan Malaysia and New Straits Times.

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 Criminalize War (KLFCW).

Venue Details

Seri Pacific Hotel
Jalan Putra, 50350 Kuala Lumpur,
Phone : 03 4042 5555
Fax : 03 4043 8717

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Contact us

Juliany,
O - 03 2283 6109 | M - 019 3134436
juliany@ipa.com.my

Michelle,
O - 03 2283 6100 |  M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
O - 03 2283 6101 | M - 012 2011247
F - 03 2283 6108 
yvonne@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
  • Government Procurement Regime
  • Prioritising The Construction Industry – Issues And Challenges
  • From MoU, IEA, MoA To Final Execution
  • Know Your Obligations – Employer, Contractor, Contract Administrator
  • Mega Projects And Regime Change – Terminate Or Renegotiate? Scale Down, Defer Or Continue?
  • Revival Of Mega Projects – Bandar Malaysia, HSR & Other Projects
  • New Construction Technologies – Challenge Of Globalisation
  •  Dependence On Foreign Workers – Local@Works
  • Payment Issues & CIPAA
  • CITP 2016 – 2020: What Next?
  • Construction Claims And Dispute Settlement – Litigation, Arbitration, Mediation
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 Case Studies on all relevant areas to ensure participants grasp clearly issues presented.
OBJECTIVES

Budget 2020 shows the Malaysian government’s continued commitment to prioritise the construction industry, acknowledging its vital role as one of the key drivers of the nation’s economic development. According to the Construction Industry Development Board Malaysia (CIDB) Chief Executive Datuk Ahmad Asri Abdul Hamid, the allocation of allowances for the development and maintenance of infrastructure and social amenities will continue to boost the development of the construction industry, creating spillover effects across other economic sectors.

 

He added that the RM1 billion 1:5 matching guarantee for private equity funds to invest in Malaysian consortiums would encourage the participation of more Malaysian consortiums in overseas construction projects. The government’s introduction of the #WatanKerja (Locals@Work) is timely as it will encourage the shift away from dependence on low-skilled foreign workers.

 

Master Builders Association Malaysia president Foo Chek Lee believes the construction industry will continue to grow in the light of several infrastructure projects announced under Budget 2020. These projects include the Pan-Borneo Highway, Bandar Malaysia, the Rapid Transit System from Johor Baru to Singapore, the new cable car system in Penang Hill and housing scheme for the new generation of Felda settlers. “They will benefit the local contractors as the construction sector is expected to grow, to be at 3.7% in 2020”, he said.

 

The Bandar Malaysia project is also proceeding and will include a People’s Park, with 5,000 units of affordable homes and greater Bumiputera participation.

 

Construction gurus say the global construction market is expected to grow by $12.7 trillion by 2022. Large markets like the U.S. and China still dominate the industry. For construction companies in Malaysia, there are exciting times ahead as new construction technologies are now more widely available than ever.

COURSE OUTLINE
9:00

SESSION ONE

  • FUNDAMENTAL PRINCIPLES OF CONTRACT LAW - freedom of contract, sanctity of contracts
  • ELEMENTS IN A CONSTRUCTION CONTRACT
  • GOVERNMENT PROCUREMENT REGIME – policies, principles, objectives, laws and regulations, categories of government procurement, a new Procurement Act?
  • LETTER OF INTENT / MoU – Information Exchange Agreement / Confidentiality Agreement, duty of good faith
  • FLOW OF WORK–invitation to treat, prequalification, submission of tender, contract award, what next?
  • PRIORITISING THE CONSTRUCTION INDUSTRY – impact of Budget 2020, issues and challenges ahead, CITP 2016- 2020, dependence on local / foreign workers.
10.45

SESSION TWO

  • CONSTRUCTION CONTRACTS – governing law, standard terms, elements of a binding contract
  • KNOW YOUR OBLIGATIONS – contractors, employers, contract administrators
  • MEGA PROJECTS – need for parliament oversight / public referendum? termination, scaling down, deferred and continue (revival)?
  • REGIME CHANGE – principles of continuity and succession
  • LOPSIDED CONTRACTS –unusual payment terms, Gas Pipe project “an odious debt”? Services and Operations Suspension notices
  • RENEGOTIATION –why renegotiation clauses are necessary – “better be safe than be sorry”
1:00 Lunch
2:00

SESSION THREE

  • GLOBAL RAIL CONNECTIVITY –China’s grand vision ?One Belt One Road? (OBOR)
  • DEBT-TRAP DIPLOMACY –true or false? lessons from Sri Lanka & other countries
  • ECLR : THE FINAL DEAL
  • BANDAR MALAYSIA (revived) & NEW PROJECTS – impact of Budget 2020
  • HIGH SPEED RAIL (HSR)–from MoU to MoA, suspension, deferment, compensation; do we need a special law?
  • PROJECT EXECUTION / IMPLEMENTATION –critical success factors
  • WHY PROJECTS FAIL–the missing piece (project leadership)
  • EMBRACING NEW TECHNOLOGIES
3:45

SESSION FOUR

  • THE “WORKS” –as defined, remedial works, variation
  • BREACH OF CONTRACT –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 (CIPAA)
  • RESOLVING CONSTRUCTION DISPUTES –litigation, mediation, arbitration, adjudication, and special Construction Courts
  • SUMMING UP / Q &A.
5:00 Enf of Course