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IEM TRAINING CENTRE SDN. BHD.

(127273-K)
st

No. 33-1A (1 Floor), Jalan 52/18, P.O. Box 224 (Jalan Sultan P.O.)
46720 Petaling Jaya, Selangor Darul Ehsan
(GST ID No. 001525395456)
Telephone No. 03-79586851

Fax No. 03-79582851 Email: faiza.iemtc@gmail.com

HANDLING IMPLEMENTATION & DELAY ISSUES IN


ENGINEERING AND CONSTRUCTION CONTRACTS
2 DECEMBER 2016 WISMA IEM
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2.0

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GENERAL

The Course is a one (1) day course and covers in total six (6) core Modules encountered
by practitioners in the implementation of Engineering/Construction Contracts.

The Course essentially addresses the subject matter of the Book entitled Harbans
Engineering & Construction Contracts Management: Commencement &
Administration (2nd Edition); which Book forms part of the Course Notes; and

The Course is basically in the form of a Workshop with enough time allotted for Q&A
Sessions.

OBJECTIVES

To acquaint the participants with the important aspects of the issues related to not only the
commencement of the contract/operations on site but also its administration and
consequences of delay to completion under an Engineering/Construction Contract.

To familiarize participants with the key methods of handling implementation and


administration issues especially pertaining to the rights and obligations of all the parties at all
stages of the project as well as delay & damages matters.

To ensure that the participants are well aware of the relevant issues in relation to the
common standard Forms of Contracts including the PAM Contracts 2006, the IEM Forms,
the Federal & Sarawak JKR/PWD Forms, the CIDB Forms, the BEM Form, etc, and

To make participants familiar with the applicable good practices/laws, regulations & legal
principles/case law vis--vis the topics/issues covered.

CONTENTS
Module 1: How do you handle the Commencement issues, covering:
a)
b)
c)
d)

What are the stages of Post-Contract Commencement


What are the principal issues vis--vis commencement.
What submissions must the contractor make at this stage
How to handle Performance Bonds, Insurances, Indemnities, etc. issues

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Module 2: Managing the Commencement of Operations on Site, including


a)
b)
c)
d)
e)
f)

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Employers obligations regarding Site Possession


What is involved in Site Possession & its attendant procedures
Parties Responsible and the consequences of default
Submittals to be made by Employers e.g. Letter of Delegation of Power, Construction
Drawings, etc.
Contractors Submittals e.g. Work Programme, Drawings, Method Statements, etc.
Case Review

Module 3: What is involved in Administrating the Contract, covering:


a)
b)
c)
d)
e)
f)
g)
h)

Definition of Contract Administration


Main Purposes of Contract Administration
Contract Administrators Principal Duties
Other Parties Involved
Main Mechanisms Used
Liability Issues/Consequence of Failure
Professional Indemnity Insurance
Case Review

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Module 4: Issues in Progress Monitoring, encompassing:


a)
Purpose, duration & parties involved
b)
Main Methods/Mechanisms for Monitoring Progress
c)
What are the common types of Meetings and their nature & purpose
d)
What are the common types of Records and their nature & effect.
e)
Case Review

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Module 5: How do you deal with delay & Extension of Time Issues:
a)
Delay & its consequences
b)
What is the legal & contractual basis of Extending Time
c)
What are the principal procedures for claiming time extension
d)
How do you assess the EOT application & grant time extension.
e)
How do you deal with claims for acceleration of works, loss & expense,
disruption claims, subcontractors delay issues, etc.
f)
What is the effect of CIPAA 2012 on EOT issues?
g)
Case Review

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Module 6: Non-Completion & Damages Issues, covering:


a)
What are the consequences of non-completion
b)
What are liquidated damages, their purposes, advantages & drawbacks
c)
What are the procedural requirements for the recovery of such damages
d)
How do you deal with non-completion in Subcontracts
e)
What defences can one raise in the face of such a claim
f)
Liquidated Damages: The Malaysian Position
g)
Effect of CIPAA 2012 on Liquidated Damages
h)
Case Review

IEM TRAINING CENTRE SDN. BHD. (127273-K)


st

No. 33-1A (1 Floor), Jalan 52/18, P.O. Box 224 (Jalan Sultan P.O.)
46720 Petaling Jaya, Selangor Darul Ehsan
(GST ID No. 001525395456)
Telephone No. 03-79586851

Fax No. 03-79582851 Email: faiza@iemtc.com

Registration fees

Venue:

IEM Member RM 583.00


Non-member RM 689.00
Course fee is GST inclusive

C&S Lecture Room


Wisma IEM
Jalan Selangor
46200 Petaling Jaya, Selangor

Important Notice
All registration fees must be FULLY paid before commencement of the course. IEM Training
Centre Sdn. Bhd. reserves the right to refuse entry for participant(s) who have not paid their
registration fees to attend the course. THIS REQUIREMENT WILL BE STRICTLY ENFORCED.

HANDLING IMPLEMENTATION & DELAY ISSUES IN


ENGINEERING AND CONSTRUCTION CONTRACTS
2 DECEMBER 2016 WISMA IEM

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