Construction Contracts 2021

25 Nov, 2021, Virtual Classroom Training

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Prof Dato’ Salleh Buang (Barrister-at-Law, Lincoln’s Inn), previously served as a Federal Counsel in the Attorney General’s Chambers in Kuala Lumpur before he left for legal practice, the corporate sector and finally academia. Until 2013 he was a Visiting Professor at UTM Skudai, Johor

 

Author of more than 30 books and monographs, he had conducted over the last three decades seminars and courses over a wide range of topics including land law, property law, construction law, housing development, strata development and international joint ventures. He now writes regularly for his weekly column in the New Straits Times and Utusan Malaysia.

 

Resident in Alor Setar Kedah, at present he is the Deputy Chairman of the Kuala Lumpur Foundation to Criminalize War (KLFCW).

Venue Details

Virtual Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Michelle,
M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
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
  • Duty Of Good Faith
  • Lopsided Contracts / Making Room For Renegotiation
  • Pandemic - Termination, Suspension Or Renegotiation?
  • The New Covid-19 Act 2020
  • When Time Becomes At Large
  • Critical Success Factors In Project Execution
    Payment Terms / Does CIPAA Work?
  • Dispute Settlement – Mediation (Under Covid-19 Act), Adjudication, Special Court
COURSE OBJECTIVES

The Covid-19 lockdown since early 2020 had caused an adverse impact on the construction industry – including site constraints, workforce availability, materials availability, payment issues, delays, extensions of time, terminations, increased costs and several other issues.

 

Under the “new normal”, critical issues that had to addressed by industry players include, inter alia, new contract terms, output rates for activities on site, sourcing materials and labour, travel and accommodation for workers, renegotiation of new terms by contractors with employers, suppliers, financiers.

 

On 30 May 2021, the Ministry of Works issued an official statement that as part of the government’s continuing effort to address the COVID-19 pandemic, all construction works should be suspended during the Full Movement Control Order from 1 June 2021 until 14 June 2021, which was later extended. However, critical construction works were allowed to be carried out during the FMCO.

 

According to the National Security Council’s media statement on 31 May 2021, applications for permission to operate for all economic sectors must be submitted to the Ministry of International Trade and Industry’s Covid-19 Intelligent Management System (CIMS). Companies carrying out critical construction work were allowed to maintain their normal operating hours, but their workforce capacity was capped at 60 per cent.

 

This new online course will address to what extent the “old rules” which have been so well-established in the pre-pandemic era can still apply under the “new normal”, and to what extent government interventions and initiatives (legislative and executive) have been made available to help out distressed industry players in this country. The course will also examine measures (policy, legal, administrative and economic) that had been put in place in other jurisdictions to protect the construction industry players, mitigate their financial hardship, and resolve disputes amongst the several parties affected by the pandemic and the prolonged lockdown.

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.
COURSE CONTENT
9:00

SESSION ONE

  • Two basic principles of contract law - freedom of contract, sanctity of contracts
  • Government procurement regime – policies, principles, objectives, laws and regulations, categories of government procurement, strengthening the procurement framework, a new Procurement Act?
  • Prequalification / the tendering process
  • Letter of Intent / MoU / Information Exchange Agreement / Confidentiality Agreement
  • Duty of good faith
10.45

SESSION TWO

  • Effect of pandemic covid-19 – doctrine of frustration - force majeure clauses
  • The new Covid-19 Act 2020 (wef 23 Oct 2020) – is it “too little too late”?
  • Legislative & executive interventions and initiatives – Malaysia, and other jurisdictions
  • Mega projects – definition, elements, examples (past / present)
  • Parliamentary oversight / public referendum – practice in foreign jurisdictions
  • Regime change – principles of continuity and succession
  • Obligations of successor governments – clean slate v. continuity principle
  • Lopsided contracts – unusual payment terms, what is “an odious debt”?
  • Are renegotiation clauses necessary? – “better be safe than be sorry”
12.00

SESSION THREE

1:00 Lunch
2:00

SESSION THREE

  • ECLR – suspension or cancellation?; renegotiation (scaling down / cost reduction), working out the “new deal”
  • Bandar Malaysia – failed project (2011), reviving the project
  • HSR – from MoU to MoA, suspension, deferment, compensation; do we need a special law?
  • Melaka Gateway Project (MR43b) – what really happened?
  • Project execution / implementation – critical success factors
  • Why projects fail – the missing piece (project leadership)
3:45

SESSION FOUR

  • Breach of contract – innocent party’s response, duty to mitigate loss, damages and penalties
  • When time becomes at large
  • 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) - Latest cases & recent developments
  • Resolving construction disputes - litigation, mediation (under Covid-19 Act), arbitration, adjudication, special Construction Courts
  SUMMING UP / Q &A
5:00 End of Course