100 Common Problems And Solutions For Construction Contracts

29-30 Oct, 2024, Wyndham Grand Bangsar Kuala Lumpur

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Ir. Lai Sze Ching graduated as a Mechanical Engineer from the University of Malaya. He also

holds LL.B degree from the University of London and LL.M from the University of Malaya,

majoring in Alternative Dispute Resolution, Arbitration Law, Remedy and Construction Law. In

addition, he also holds a Certificate of Legal Practice from the Qualifying Board of Malaysia and

Diploma in International Commercial Arbitration from UK.

 

Ir. Lai has more than 30 years’ working experience in the field of Construction and Property

Development. He is currently the Partner of a firm acting for parties in Adjudication and

Arbitration.

 

He is also the Managing Director of a consulting firm involved in Project and Contract

Management and Contractual Claims. Ir. Lai has been actively invited to deliver papers and as

speakers in seminars or forums on matters in relation to contractual disputes in construction

projects, adjudication and arbitration.

 

He had also published various articles on ADR, Arbitration and Construction disputes and

had conducted talks on Law for Engineers and on Construction Law to local companies and

Universities.

 

Being an Accreditor of Engineering Accreditation Council Malaysia, he is also actively involved in

the accreditation of local engineering programmes.

 

“Ir. Lai has also been appointed as the Student Ambassador for the External Law Programme of

University of London, UK.

 

He is currently empanelled as arbitrator, adjudicator and mediator in Asian International

Arbitration Centre (AIAC), Malaysia had since been appointed as Adjudicator and Arbitrator for

numerous cases. Ir Lai is also empaneled as Arbitrator and Adjudicator in the panel of Institution

of Engineers Malaysia (IEM), as Arbitrator and Mediator in the panel of Borneo International

Centre for Arbitration and Mediation (BICAM) and empaneled as Arbitrator in Malaysia Institute

of Arbitrators (MIarb). He also acts as claim consultant and party representative for parties in

adjudication and arbitration proceedings.”

Venue Details

Wyndham Grand Bangsar Kuala Lumpur
1, Jalan Pantai Jaya Tower 3, Kuala Lumpur, 59200 MY,
Phone : +60322981888

https://wyndhamgrand bangsarkl.com.my/

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

COURSE OBJECTIVES

Disputes between contractor and the client are all too common in Construction Contracts. To certain extent, it is said that disputes are inevitable in Construction Projects which predominantly arise from the complexity and magnitude of the works involved, multiple contracting parties, poorly prepared and executed contract documents, financial issues and communication problems. Any one of these factors could lead to time overrun, increased costs, and a breakdown in the parties’ common objective to complete the project.

Problems arising from Construction Contracts could be attributable to multiple parties involved in the construction works for example the Contractor, Employer, Consultant, Architect, Nominated Sub-contractor, third party contractor etc. The common problems that the Employers and Contractors encounter in the course of their work are numerous, such as:

  • What are the common breaches of Employers and Contractors?
  • Does letter of intent bind the parties, and if so,
    under what conditions?
  • What are the liabilities of an Engineer or Architect as far as design is concerned under a
    conventional contract and a Design and Build
    Contract?
  • Is the Employer bound by the information and data provided in the Tender Document?
  • What does it mean by progressing the work
    regularly and diligently?
  • Is the extension of time clause for the benefit of
    the Employer or Contractor?
  • Does the Employer need to prove his actual loss in order to impose liquidated damages?
  • Can the calling of an on-demand Performance
    Bond be stopped by the Contractor?
  • How long will the Engineers and Architects be
    liable for their design work?
  • Can a contractor suspend the work due to non- payment?
  • What are the issues that need to be taken note of
    in an adjudication proceeding?

This course will provide a detailed analysis of the above problems and their related issues.

WHO SHOULD ATTEND
  • Project Directors
  • Contract Managers / Executives
  • Project Managers / Engineers
  • Project Architects
  • Site Managers / Site Agents
  • Quantity Surveyors
  • Site Supervisors
  • Developers
  • Contractors and Sub-Contractors
 
 
METHODOLOGY
  • Interactive Lectures
  • Presentations
  • Case Studies
  • Exercises
  • Q & A Sessions
DAY 1
9:00

The Nature of Construction Contracts Common Breaches

10.45

Design

 

Tender

 

Contractor’s Obligations

1:00 Lunch
2:00

Employer’s Duties

 

Letters of Intent

3:45

Completion of Projects

 

Time for Completion

 

Q&A

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

Extension of Time

 

Programme of work

12.00

Performance Bonds

1:00 Lunch
2:00

Liquidated Damages

3:45

Payment

 

Adjudication

 

Q&A

5:00 End of Course