Circular No. 54/16: Seminar on Practical Construction Law for Practitioners (19 Jan 2017)

Please be informed that the Continuing Professional Development Sub-Committee of the Johore Bar in collaboration with the Bar Council Construction Law Committee is organising a seminar on practical construction law for practitioners.

This one-day seminar will include a comprehensive review of some of the more practical aspects of construction law, including the much-talked about Construction Industry Payment and Adjudication Act 2012 (“CIPAA”). It will focus on particular topics of interest and, after setting out some general principles, will seek to answer some common questions and problems which arise. A glimpse of these topics and some of the questions and problems is provided below. Attendees are encouraged to bring along your own questions, which will be answered throughout the seminar.

Speakers:

  • T Kuhendran
  • Aniz Ahmad Amirudin
  • Chan Kheng Hoe
  • Choon Hon Leng
  • Darshendev Singh
  • Lim Hock Siang
  • Nadesh Ganabaskaran
  • Wallace Wong Hur Shiaw

Particulars of the Seminar are as follows:

Date 19th January 2017 (Thursday)
Time 9.30 a.m. to 5.30 p.m. (Registration at 8.45 a.m.)
Venue Level 1, Abdullah A. Rahman Auditorium
Johore Bar Building
No. 5 Jalan Tun Abdul Razak
Susur 1/1 80000 Johor Bahru
Fees RM 160.00 for Members of the Johore Bar;
RM 80.00 for Members Admitted from 1 July 2011;
RM 80.00 for Pupils-in-Chambers | Law Students; and
RM 265.00 for Non-Members
(Fees are inclusive of 6% GST)
CPD code T2/19012017/BC/JH172026/5 (5 CPD points)

 

Tentative Programme:

Panel A: 9.30 am to 12 noon

Tenders

  • How much reliance can tenderers place on information given to them during the tender, such as soil investigation reports, tender clarifications and answers to questionnaires?
  • Can a tenderer or employer withdraw from a tender?
  • Can I start the works with merely a letter of intent, or do I need to have a signed letter of award or contract?

Variations

  • Can the contractor make claims without written instructions?
  • What happens if the contract procedures for variations are not complied with?
  • Can the contractor claim loss of profits for omitted works?
  • Can the employer omit a substantial portion of the works as part of a variation order?
  • Can the employer engage a third party to carry out the omitted works?
  • What happens if the variation goes beyond the scope of the contract?
  • Must variation works follow the contract rates?

Performance Bonds

  • Is unconscionable conduct a ground to restrain payment under a performance bond?
  • If so, what situations amount to unconscionable conduct?
  • Which situations do not amount to unconscionable conduct?

Termination

  • Can the contractor terminate the main contract even if there is no termination clause?
  • Can the contractor get an injunction restraining the employer from terminating?
  • When must the call on the bond be made – before or after termination?
  • Under what circumstances can a contractor prevent a call on the performance bond?

Q&A: 12.00 noon to 1.00 pm

Lunch: 1.00 pm to 2.00 pm

Panel B: 2.00 pm to 4.30 pm

Time

  • Does the programme form part of the contract?
  • Who owns the float in a programme?
  • How do you deal with concurrent delays in terms of extension of time/loss and expense?
  • Does an entitlement to extension of time mean entitlement to loss and expense?
  • Will a contractor lose an entitlement to extension of time/loss and expense if notice requirements in contract are not met?
  • What is a reasonable time to respond to applications for extension of time/loss and expense? Can extensions of time/loss and expense be decided after the expiry of original completion or after practical completion?
  • Can time be shortened due to omission of works?
  • In what circumstances will the employer lose a right to liquidated damages?
  • Is there any alternative to extensions of time when works are delayed?

Payments

  • Must retention monies be placed in separate accounts?
  • Can a subcontract provide that payment will not be made until the contractor receives payment from the employer?
  • Can a contractor suspend, go slow or terminate if payment is not made?
  • What is the difference between interim, penultimate and final certificates?
  • Can a sum that was previously certified be revised?
  • Can a subcontractor claim direct payment from the employer?

Adjudication

  • Review of the adjudication process, from payment claim up to decision
  • Is adjudication limited to payment issues only?
  • Effect of CIPAA on back-to-back payment arrangements and default payment provisions
  • Can a party ignore the adjudication if the adjudicator has no jurisdiction?
  • What are the options available to a winning party?
  • Can the losing party have the decision stayed or set aside?
  • Can the respondent claim a set-off by reason of delay damages?

Q&A: 4.30 pm to 5.30 pm

Registration must be accompanied with payment to guarantee your place and is on a first-come first served basis.

CPD points and Certificate of attendance will be given upon completion of the whole session to participants who have attended until the end of the event.

Cash/Cheque should be crossed and made payable to JOHORE BAR HOUSE & LIBRARY FUND. Fee paid is non-refundable unless the event is cancelled.

Please direct all correspondence (including completed registration form and proof of payment) to the Johore Bar Secretariat not later than Wednesday, 18th January 2017.

 

Santhi Balachandran
Chairperson
Continuing Professional Development
Sub-Committee

Circular No. 54-16 Seminar on Practical Construction Law for Practitioners (19 Jan 2017)

Print Friendly, PDF & Email