SYNOPSIS

Nominated Sub-Contracts are a category of sub-contracts and are therefore generally subject to the same standard rules as are applicable to domestic sub-contracts.  However, the mechanism of “nominating” sub-contracts is one which has evolved to cater to special requirements of the construction industry (especially building construction) so that:
a)the main building works can be awarded first without details of finishes and services being finalized; and
b)project clients can have a greater degree of control over the selection of the parties who are to carry out the relevant works and also their details

Accordingly, nominated sub-contracts carry distinctive features in that project clients have a closer relationship with nominated sub-contractors without privity between them.  This talk shall therefore deal with the general features of sub-contracts and then deal with distinctive features of nominated sub-contracts under the commonly used by PAM 2006 Form of Contract.


BIODATA OF SPEAKER

Ir. Lim Eng Chong is a construction contracts specialist with BSc, LLB, MIEM, PEng, CLP, Advocate & Solicitor (not in practice).  Ir. Lim received his Bachelor’s Degree in Civil Engineering from the University of Manchester Institute of Science and Technology (UMIST) and his Bachelor of Law Degree from the University of Wolverhampton. He was called to the Malaysian Bar in 2003. Before being involved in construction contracts administration and disputes he was involved in both the design and construction of heavy civil engineering works. In the field of contracts and the law, Ir Lim has been involved in the whole range of construction contracts ranging from drafting of contracts to arbitration and litigation.  Ir. Lim jointly updated Halsbury’s Laws of Malaysia “Building & Construction” (a reference encyclopaedia of law for lawyers) title in 2006 by Malayan Law Journal.