SYNOPSIS

Disputes between contractor and the client are all too common in construction contracts. To certain extent, it is said that disputesare inevitable in construction projects which predominantly arise from the complexity and magnitude of the works involved, multiple contracting parties, poorly prepared and executed contract documents, financial issues and communication problems. Any one of these factors could lead to time overrun, increased costs, and a breakdown in the parties’ common objective to complete the project.

Problems arising from construction contracts could be attributable to multiple parties involved in the construction works for example the Contractor, Employer, Consultant, Architect, Nominated Sub-contractor, third party contractor etc. The common problems that the Employers and Contractors encounter in the course of their work are numerous, such as:


•   What are the common breaches of Employers and Contractors?
•   Does letter of intent bind the parties, and if so, under what conditions?
•   What are the liabilities of an Engineer or Architect as far as design is concerned under a
     conventional contract and a Design and Build contract?
•   Is Employer bound by the information and data provided in tender document?
•   What does it mean by progressing the work regularly and diligently? Is the extension of time
     clause for the benefit of the Employer or Contractor?
•   Does the Employer need to prove his actual loss in order to impose liquidated damages?
•   Can the calling of anon-demand performance bond be stopped by the Contractor?
•   How long will the Engineers and Architects be liable for their design work? Can a contractor
     suspend the work due to non payment?
•   What are the issues need to be taken note of in an adjudication proceeding?


Who Could Benefit From The Course

•   Project Directors
•   Contract Managers / Executives
•   Project Managers / Engineers
•   Project Architects
•   Site Managers / Site Agents
•   Quantity Surveyors
•   Site supervisors
•   Developers
•   Contractors and sub-contractors


BIODATA OF SPEAKER

Ir. LAI SZE CHING, graduated as a Mechanical Engineer from the University of Malaya. He also holds LL.B degree from University of London and LL.M from University of Malaya, majoring in Construction Law, Alternative Dispute Resolution, Arbitration Law, Remedy and Civil Procedure. In addition, he also holds a Certificate of Legal Practice from Qualifying Board of Malaysia and Diploma in International Commercial Arbitration (CIarb UK). Ir Lai is a Fellow Member of Chartered Institute of Arbitrators (UK), Malaysian Society of Adjudicators, Malaysia Institute of Arbitrators (MIarb) and Asian Institute of Alternative Dispute Resolution (AiADR). He is also a Fellow Member of the Institution of Engineers, Malaysia (IEM) and Honourable Fellow Member of Asean Federation of Engineering Organisation (AFEO).

Ir. Lai has more than 30 years working experience in the field of construction, property development and contractual claims. He is currently the Managing partner of an Adjudication & Arbitration Chamber and the Managing Director of a consulting firm specialised in project management. He has authored many articles on ADR, Arbitration and Construction Law and had conducted talks on ADR, Law for Engineers and on Construction Law to local companies and Universities.

Being an accreditator of Engineering Accreditation Council Malaysia, he is also actively involved in the accreditation of local engineering programmes. Ir. Lai has also been appointed as the Student Ambassador for the External Law Programme of University of London. He is currently empanelled as Arbitrator,  Mediator and Adjudicator in the panel of Asian International Arbitration Centre, Malaysia (AIAC). He is also empanelled as Adjudicator and Arbitrator in the panel of AiADR and as Arbitrator in the panel of MIarb and IEM.