13 AREAS OF DISCUSSION:1.STANDARD FORMS
2.OBLIGATIONS & COMMENCEMENT 3.CONSTRUCTION CONTRACT PRINCIPLES 4.DISPUTE AVOIDANCE & RESOLUTION 5.RISK MANAGEMENT 6.INSTRUCTIONS & VARIATIONS 7.LOSS AND/OR EXPENSE 8.PAYMENT, INTERIM, FINAL ACCOUNT & CIPAA 9.PRACTICAL COMPLETION 10. LATENT AND PATENT DEFECTS 11. PROCUREMENT 12. CONTRACT DOCUMENTATION 13. TERMINATION & DETERMINATION |
SET A DATE:
DATE: TO BE CONFIRMED (SUNDAY)
TIME: 9:30AM – 5PM (BREAK FOR TEA, LUNCH BETWEEN) VENUE: TENTATIVE SITE OFFICE (TO BE CONFIRMED) PAX: MINIMUM 15 PARTICIPANTS FEE: RM1,000.00 PER PAX PER MODULE (REBATES WILL BE GIVEN FOR GROUP ENROLMENT) |
COMPARISON BETWEEN THE 2006 AND 2018 PAM FORMS
OBJECTIVES:
THERE ARE 9 CONDENSED MODULES IN THESE SERIES, COVERING A LARGE SPECTRUM OF CONTRACT ADMINISTRATION BASED ON THE PAM FORM OF BUILDING CONTRACT, INCLUDING UPDATES ON THE RELEVANT CONSTRUCTION LAW, OF WHICH CATER FOR THE SPECIFIC NEEDS OF CONTRACTORS / CONSULTANTS / EMPLOYERS. COMMENCING WITH A LECTURE STYLES ENDING WITH A WORKSHOP CUM Q&A, TO ENSURE HANDS ON EXPERIENCE
SPREAKER’S PROFILE:
Ar. David Yek Tak Wai
B.Sc.HBP(Hons), B.Arch.(USM), P.Arch. APAM, AIPDM, ALAM, RIBA, MHKICAdj. MMIArb.
B.Sc.HBP(Hons), B.Arch.(USM), P.Arch. APAM, AIPDM, ALAM, RIBA, MHKICAdj. MMIArb.
Ar. David’s secondary area of practice besides architecture and interior design is alternative dispute resolution (ADR) in construction law and payment in construction related matters. He sets up DYA+C to undertake drafting of the various building and engineering claims, advises on disputes arising from such contracts and potentially appear as arbitrator and adjudicator to resolve these disputes. Prior to his venturing into the area of ADR in the construction law and payment disputes in construction related matters, he had been actively practicing as a Professional Architect, registered with the Board of Architect Malaysia (LAM), in his own architectural practice, David Yek Architect (DYA) for more than 10 years. His portfolio includes private residential, high-end mass residential high-rises, international schools, mixed development commercial and various industrialized data centers and factories. He occasionally sits in the ADR committee for the Malaysia Institute of Architect (PAM) and was also elected as a member of the Institute of Interior Design Malaysia (IPDM). Ar. David has completed the Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA) adjudicator with the Asia International Arbitration Centre (AIAC). Besides that he has since, sat for the PAM-CIArb Arbitration examination, organised by the PAM ADR committee that is a domestic arbitration regime governed by the PAM and the Malaysian Arbitration Act Amended 2018 that is modelled under the UNCITRAL rules. Ar. David, in his capacity as an architect has also acted as expert witness, consultant and party representative in domestic arbitration and in the courts of law. While discharging his architectural role, he was accredited with the Building and Construction Authority of Singapore as a CONQUAS 21 assessor, where our domestic CIDB modelled it as their QLASSIC standards for construction. To add on to his resume as an Expert, he has qualified and admitted as a Fire Engineer of the Institution of Fire Engineers UK (MIFireE).
TRAINING OUTLINE
MODULE - 01BATTLE OF THE FORMS
•BESPOKE VS STANDARD FORM •EVOLUTION OF THE PAM FORM •PAM 2006 VS PAM 2018 COMMUNICATION •NOTICES, LETTERS, MINUTES, DIARIES, EMAILS, SMS •MEETINGS & AGENDA •SITE AGENT & SITE STAFF OBLIGATIONS •EMPLOYER OBLIGATION TO PAY •CONTRACTOR’S OBLIGATION •SET-OFFS •CONDITIONS VS WARRANTY PAYMENT •INTERIM CLAIM, VALUATION & CERT •QUANTUM MERIUT •RETENTION SUMS •CASHING OF PERFORMANCE BOND •FINAL CERTIFICATE |
MODULE - 02
INSTRUCTION & VARIATIONS
•INSTRUCTIONS •INSTRUCTION NOT EQUAL TO VARIATION •WHY VARIATION? •VARIATION – DEFINITION •VARIATION INSTRUCTION •CLAIMS FOR VARIATION PRACTICAL COMPLETION & CPC •EFFECTS OF CPC •CPC CONDITIONAL •SUBSTANTIAL/ SECTIONAL/ PARTIAL COMPLETION •HANDOVER •NON COMPLETION – CNC DEFECTS •PATENT VS LATENT •NON COMPLIANCE •LIABILITIES •DEFECTS |
MODULE - 03
EXTENSION OF TIME
•DELAY VS BEHIND SCHEDULE •RELEVANT EVENTS •FORCE MAJEURE •INCLEMENT WEATHER •DAMAGES & INSURANCE •STRIKE & WAR DAMAGE •EMPLOYER’S OMMISSION •DELAY IN NSC •APPOINT •CAUSE BY NSC •RE-NOMINATE •DELAY IN AUTHORITIES •ERRORS & DISPUTES •NON PAYMENT •OTHERS •PROCEDURAL EOT CLAIM •DOCUMENTATION & SCHEDULE •EXCELERATION, EXPEDITE, MITIGATE •REGULARLY & DILIGENTLY |
MODULE - 04LOSS &/OR EXPENSE
•DAMAGES & CLAIMS •GROUNDS •NOTICE •SUBMISSION •DOCUMENTATION •EVALUATION HEAD OFFICE OVERHEADS •CONTRACTUAL DEFINITION •FORMULA •SAMPLES ADDITIONAL PRELIMS •STANDARD FORM •CONTRACT BASIS •PRO-RATE •FORMULA •NEGOTIATION •TIMING GLOBAL CLAIM |
MODULE - 05TERMINATION & DETERMINATION
•INTRODUCTION •EMPLOYER’S DETERMINATION •CONTRACTOR’S DETERMINATION TERMINATION OF CONTRACT •CONVENIENCE •COMMON LAW •FRUSTRATION •REPUDIATION DISPUTE RESOLUTION/AVOIDANCE •CONSTRUCTION DISPUTES •ADR UNDER THE CONTRACT PROVISION •TYPES OF ADR CIPAA •OVERVIEW & UPDATES •LIMITS •PROCEDURE •CASE LAW |
MODULE - 06CONSTRUCTION LAW PRINCIPLES
•MALAYSIAN LEGAL SYSTEM •THE CONTRACT ACT IN NUTSHELL •REMEDIES IN CONTRACT & TORTS •PARTICULAR ASPECTS OF BUILDING CONTRACT •SALIENT PROVISION PROCUREMENT •TYPES •TRADITIONAL •DESIGN BUILD •MANAGEMENT •PROJ MANAGE •TURNKEY •BOT •PUBLIC •SELECTION OF PROCUREMENT •CONTRACTUAL ARRAGEMENT •FORMS •STRATEGY AND SELECTION |
MODULE - 07CONTRACT DOCUMENTATION
•TENDER PROCESS & PROCEDURAL •LETTER OF INTENT VS AWARD •WITH OR WITHOUT BILLS •SCHEDULE OF RATES •DOCUMENTS OF CONTRACT •DISCREPANCY BETWEEN DWGS & DOC •WORK PROGRAMME COMMENCEMENT •STATUTORY REQUIREMENT •FEE CHARGES •SITE POSSESSION •LEVELS & SETTING OUT •ACCESS TO WORK •SITE MEETING, ORG & REPORTING •SITE STAFF & AGENT •DOC IN SITE OFFICE •SAFETY •INSURANCE, BOND, SOCSO |
MODULE - 08MATERIALS & GOODS
•QAQC METHOD STATEMENT •OFF SITE & FIXED TO WORK •SHOP VS CONSTRUCTION DWGS •INSPECTIONS & FORMS •RESPONSIBILITY TO MATERIALS •WARRANTIES DOMESTIC / NOMINATED SUB CONTRACTING •WHAT & WHY SUBCONTRACTING? •PERTINANT SUB CONTRACT PROVISION •OBLIGATION & LIABILITITES •TERMINATION •COMMENCEMENT / COMPLETION •INSTRUCTION / VARIATION •CPC / CNC •LOSS & EXPENSE PAYMENT & SET-OFF •DEFECTS |
MODULE - 09EFFECTIVE PROJECT & RISK MANAGEMENT
•PROJECT MANAGEMENT LIFECYCLE •CONTRACT MANAGEMENT VS ADMINISTRATION •12 ESSENTIAL ELEMENTS IN MANAGEMENT •OBJECTIVES & PRIORITIES •NATURE & CHARACTERS •TEAM •RISKS APPRAISAL & MANAGEMENT •PROCUREMENT SYSTEM •CONTRACTUAL ARRANGEMENT •ORG STRUCTURE •PLANNING •MONITORING & CONTROL •INFORMATION RECORDING & RETRIEVAL •MANAGE CHANGE •HUMAN RELATION Q&A |
