SYNOPSIS

The Construction Industry is plagued with a plethora of claims and disputes not only during its implementation stage but also following the completion of the project and its hand-over to the employers/users. No one party, be it the employer/user, contractor, sub-contractor, consultants and even the authorities has been spared of the adverse ramifications of this malady. The end result is a tragic loss of time and resources in resolving such claims and disputes through both the traditional methods like litigation & arbitration and the recently emerging alternative methods such as mediation, adjudication and negotiations. It is undeniable that such time and resources could be better served in undertaking further meaningful work that will be a boon to the industry.

Bearing the above in mind, this short Talk attempts to identify the common claims and disputes that normally arise at the different stages of a project i.e. from its inception to the lapse of the statutory period of limitation as well as the reasons for the same so as to seek practical solutions to deal with these on the part of practitioners. In the process, this Talk attempts to suggest viable and holistic steps that can be taken by the construction industry players to address the issues in hand. These involve the necessary professional handling of a typical project’s pre-tender activities as well as the post-tender stages; extending even past the effluxion of the relevant periods of limitation under the law. In the process the relevant law and cases will be touched upon to apprise the participants of the contemporary position in the country.


BIODATA OF SPEAKER

Harbans Singh K.S.
B.E. (Mech) S’pore, LLB (Hons) London,
CLP (Malaya), DipICArb,
P.E., C.Eng., C.Arb.

Harbans Singh K.S. is a Professional & Chartered Engineer, Chartered Arbitrator, Mediator, Adjudicator, Advocate and Solicitor (non-practising).  He commenced his career with the PWD/JKR, Malaysia before joining an international German consultancy practice with whom he worked locally and then in Koblenz as a designer, resident engineer and contract administrator.  Later, Harbans served with a local consultancy firm in various professional capacities and presently is heading HSKS Dispute Resolution Chambers.  He is a regular contributor to “The Ingenieur”, “The Malayan Law Journal”, “The Law Review” and other publications and is the recipient of a number of awards including IEM’s Tan Sri Hj. Yusoff Prize for an outstanding technical paper (2001), the Cedric Barclay Award and the Chartered Institute of Arbitrator’s Award for the Diploma in International Commercial Arbitration examination (2003). Harbans is also the author of a series of four books entitled ‘Harbans’ Engineering and Construction Contracts Management’, co-author of “Construction Law in Malaysia” & “The PAM Contract 2006”,contributor to ‘The Malaysian Standard Precedents and Forms (Vol.N)’ and is a regular speaker at courses/seminars and conferences.