SYNOPSIS

This is an intensive one-day course intended to introduce the relevant personnel to the important facets of handling the common payment and variation issues in engineering/construction contracts, in particular, the Standard Forms of Contract used in Malaysia.

This course is a two (2) Module Course and is a follow-up and amplification of the contract administration requirements and allows participants to delve deeper into payment and variation issues.

The course is intended to be more of a workshop involving active participation by the attendees, especially during the Q&A Sessions.

The principal aims of the above course are to expose the participants to:

• The various provisions pertaining to payment and variation matters in the Standard Forms of
  Construction/Engineering Contracts used in this country.
• Understand the commercial rights and duties of the various parties under the contract especially
   the Employer, Main and Sub-Contractors, Suppliers and Consultants.
• Learn all aspects of administering the financial/commercial aspects of contracts from
   commencement of the contract up to the issue of the Final Certificate.
• Acquaint themselves with the practical issues involved in the day-to-day financial/commercial
   issues of a typical contract contract and effective ways of managing cost related claims.
• Ensure a thorough understanding of the various means of avoiding payment & variation disputes
   and cost overruns.


MODULE 1: PAYMENTS

•  Express Provisions in the Standard Forms of COC
•  Parties’ Obligations and rights vis-à-vis payment
•  Common Payment Schemes
•  Advance Payment and VOP Clauses
•  The common Payment Process
•  Defaults in Payment
•  Payment to Sub-contractors
•  Payment in Turnkey/ Design & Build Contracts
•  Final Account & Final Certificate
•  Impact of CIPAA 2012
•  Contemporary Legal Developments & relevant case law


MODULE 2: VARIATIONS/ CHANGES

•  Types, Definition and Nature
•  Legal Basis/ Requirements
•  Reasons for Changes/ Variations
•  Valid Variations- Nature & Effect
•  The Variation Process: Ordering, Valuation & Payment
•  Effects of Defaults
•  Invalid Variations: Nature & Effects
•  Variations for Sub-Contracts and Turnkey/ Design & Build Contracts
•  Cardinal Changes: Nature, type & effects
•  Impact of CIPAA 2012
•  Contemporary Legal Developments and relevant case law


BIODATA OF SPEAKER

Ir. Harbans Singh K.S. is a Professional and Chartered Engineer, Chartered Arbitrator, Mediator, and Adjudicator. Called to the Malayan Bar in 1995, he is at the moment however not in active practice as an Advocate & Solicitor.  He commenced his career with the Public Works Department (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, Ir. Harbans served with a local consultancy firm in various professional capacities and presently is heading HSH Consult Sdn. Bhd and 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). Ir. 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”, “Law and Practice of Mediation” and “The PAM Contract 2006”, contributor to ‘The Malaysian Standard Precedents and Forms (Vol.N)’ and is a regular speaker at courses/seminars and conferences both locally and internationally.