SIX FULL DAY SESSIONS TRAINING PROGRAMME

BASED ON 48 BK ENTRUSTY ARTICLES PUBLISHED IN MBAM JOURNAL FROM 2002 TO 2016

Sr. Ong Hock Tek (“HT”) is a Fellow of eight professional institutions, a well qualified multi-disciplinary andspecialist consultant, experienced in pre and post contract quantity surveying duties, commercial and contractualadministration / management of various types of construction projects, gained from over 25 years of workingexperience with architectural practice, quantity surveyors, project managers, civil engineering and buildingcontractors and specialist consultants.His specific experience and expertise include project and contracts management/administration, claims preparation/defense, risks and value management, specializing in alternative dispute resolution, particularly inarbitration advisory and support services, documentation and proceedings. He also acts as an Arbitrator,Mediator and/or Negotiator on technical, commercial and contractual disputes/differences between the contractingparties, at both main and sub-contract levels on various types of project in the construction industry.Being a Master Trainer, he has organised and delivered in many public and in-house conferences, seminars andworkshops for professional institutions and private/public listed companies on several subject areas, in particularconstruction contracts, ADR, risks and value management. He has also lectured part-time for bachelor and masterdegree programmes in the same areas for several years and has been a regular contributor to the Master BuildersJournal on construction contract and management issues since 2002.

SPEAKER’S PROFILE:Sr. ONG HOCK TEK (“HT”)Arbitrator/Adjudicator/Mediator/Reg.QSCert.Constr.PM/VM Practitioner/Master Trainer BSc(Hons) MSc MBA DipM DipICArb MMIM MIVMM MIVMA FCIOB FRICS FCInstCES FCIArb FSIArb FMIArb FMSAdj FRISM ICECA Managing Director, BK Entrusty

OBJECTIVES:In view of the needs for players and personnel in the construction industry directly or indirectly to continually acquire relevantknowledge and experience, this training programme has been designed by combining construction contract and technicalknowledge with practical experience and skills through seminars/lectures with practical and work related discussion.

There are six (6) comprehensive sessions in this programme, covering a wide spectrum of construction contract administrationand management topics, including updates related to construction case law, which affect and are of interest to the variousindustry players.

All sessions are based on BK Entrusty series of construction contract and management articles in areas related to project,commercial, contracts, risks, quality, value and the like, published in MBAM Journal since 2002 until 2016. Each session isstand-alone relates to Malaysian standard forms of contract i.e. PAM, IEM, JKR and CIDB. Participants are encouraged toraise their contractual issues/problems for discussion during Q&A.

WHO SHOULD ATTEND:● Government Officials

● Top Managements● Superintending Officers

● Project Managers ● Engineers ● Quantity

Surveyors ● Consultants ● Construction Managers

● Site Managers ● Main Contractors ● Sub-Contractors

● Suppliers ● Practitioners ● Lecturers

● Supervisory Personnel

CPD PointsPending

Approval

Organiser:

MBAM

In Collaborationwith:

6 SESSIONS OF PRACTICAL CONSTRUCTION CONTRACT

ADMINISTRATION/MANAGEMENT

* 5% less for Early Birds Discount for registration

REGISTRATION FEES

TIME• Registration – 8.30 am• Session – 9.00 am to 5.00 pm with lunch + 2 coffee breaks

VENUEMBAM Training Centre,

6-2 (2nd Floor),Jalan 1/109E,Desa Business Park,58100, Kuala Lumpur

Company : Address : _____________________________________________________________________ Tel: _________Fax: _______________Email:________________

Contact Person: Date :

Registration is confirmed upon receipt of payment only. Please make payment to Master Builders Association Malaysia attach with duly completed registrationform and send/fax to MBAM, at least 2 weeks before the session commences.

Tel: 03-79848636 Fax: 03-7982 6811 Email: mbam01@mbam.org.my/mbam15@mbam.org.my Attn: Mr. Lenny Lim/ Ms Tessa Hamid

Cancellation request more than one week prior to the training shall be subjected to a thirty percent (30%) service charge. No refund for cancellation requestreceived less than one week prior to the training. However substitute participants are welcome at no extra cost. The organizer reserves the rights to change thecontents, venue, date and time of the training programme if necessary. In any case, the Organiser’s liability shall be limited to a refund on the fee paid only.

REGISTRATION FORM (PHOTOCOPY ACCEPTED)

** Paid in full by 9 February 2017

SESSION 1 (23rd February 2017) Instruction, Variation and Rates Rationalization

1) What constitute Variations and how to evaluate them? (4Q 08)2) Can the contractor insist on agreeing to the cost of Variation work before he proceeds with it?

(3Q 02)3) Can a contractor claim for compensation for extra work when there is no S.O. instruction? (2Q

07)4) Is the contractor bound by his tendered rates if the quantities changed substantially? (4Q 02)5) Must the QS take into account signed daywork sheets by the Architect/Engineer and can he

then alter the daywork quantities on reasonable basis? (1Q 03)6) Rates rationalization practices in the construction industry. (3Q 14)

Payment Claims and Final Account 1) Must the contractor submit his interim payment claims before the Superintending Officer

(S.O.) certifies for payment? (1Q 08)2) What is a Quantum Meruit claims? (3Q 07)3) What is Set-Off under construction contracts? (4Q 03)4) Should a sub-contractor sign a sub contract with Pay-When-Paid clause? (3Q 04)5) Is Final Account final? If not, what are the circumstances that allow revisions to be made? (4Q

04)6) The demise of Conditional Payment Clauses in the Malaysian construction industry (updated ,

including CIPAA) (3Q 13, 1&2Q 14)

SESSION 2 (22nd March 2017) Extension of Time

1) Is the contractor obliged to apply for Extension of Time? (2Q 06)2) The need for planning and programming in construction (2Q 12)3) The proper preparation and use of works programme in construction (3Q 12)4) 'Float' in the programme of works, who owns it?(4Q 06)5) Is the contractor still entitled to Extension of Time when there is concurrent delay? (3Q 06)6) What is Force Majeure and can it include price escalation? (2Q 09)7) What are Inclement Weather claim? (3Q 16)8) What are Expedition, Mitigation and Acceleration? (1&2 Q 11)9) What does progressing with works Regularly and Diligently means? (2Q 16)

SESSION 3 (27th April 2017)Loss and/or Expense

1) What is Loss and/or Expense? (1Q 05)2) Can Loss and/or Expense form of a variation item? (1Q 04)3) Must the contractor notify the Employer/SO of its Loss and/or Expense claim? (2Q 05)4) What is Head Office Overheads? (4Q 10)5) Is Global Claim is dead or still alive? (1&2Q 13)6) An update on Additional Preliminaries evaluation (1Q 15)

SESSION 4 (23rd May 2017) Defects & Practical Completion

1) When is the contractor responsible and liable for Defects? (incl. Practical Completion) (4Q 09)

2) What is the difference between Patent and Latent Defects? (3Q 09)3) What are the obligations of the contractor during Defect Liability

Period? (1Q 07)

Retention, Bonds and Insurances 1) What is a Performance Bond, its purpose and implications? (4Q 05)2) When must Retention Sum be released and paid?(3Q 03)3) Should Retention Sum be placed under a separate bank account? (2Q

03)4) What is the recent position on Retention Sums in Malaysia? (1Q 06)5) The need of Insurances in construction projects. (1Q 17)

SESSION 5 (6th July 2017) Contractual Issues

1) Can a Letter Of Intent be construed as an enforceable contract?(4Q 07)

2) Design and Build Contracts - implications and limitations. (4Q 11)3) Ground Conditions - mysteries unravelled? (3Q 11)4) What is Fit for Purpose and its implication?(2Q 10)5) Condition Precedent – issues and implications (4Q 16)

Termination and Determination1) Is Determination of employment and Termination of contract the

same in meaning and implications? (2Q 08)2) Can the contractor's employment be determined or its contract

terminated upon substantial completion of the works? (3Q 10)3) Is the late payment a ground for Determination or Termination? (3Q

08)4) Introducing Dispute Resolution Advisor System to overcome disputes

in Malaysia. (1Q 16)

SESSION 6 (24th August 2017) Effective Project, Value and Risk Management

1) Effective Project Management - essential elements for successful projects .(4Q 07)

2) Value-Managed Quality System – towards a Value-Added Quality Management System. (1Q 04)

3) Effective Risk Management - enhancing value in managing projects. (1Q 10)

SESSION 1 (23rd February 2017) Instruction, Variation and Rates Rationalization

1) Instruction2) Verbal Instruction vs Written Instruction3) Instructions in Standard Forms4) Instructions ≠ Variations

a) Can Contractor claim for Extra Works without Instruction?

5) The Needs for Variations6) Definition of Variations7) Instruction to Vary Contract Works8) Scope of Variations9) Valuation of Variations10)Variation Claim

a) Variation cost - should Contractor agree first?

b) Change in Quantitiesc) Alteration of daywork quantities

11)Rates rationalisationa) Definitionb) Importancec) Timing and Criteria d) Standard Forms of Contract e) Case law;

Payment Claims and Final Account 1) Interim Claims, Valuation and Certification

Procedures2) Employer’s Obligation to Pay3) Set-Offs4) Quantum Meruit5) Final Account Preparation and Settlement6) Construction Industry Payment and

Adjudication Act (CIPAA) 2012a) Definition of Paymentb) Disputes under CIPAAc) Updatesd) Case Law

SESSION 6 (24th August 2017) Effective Project, Value and Risk Management

1) Project Management2) Contract Management vs Contract

Administration3) 12 Essential Ingredients/Elements

i. Client and its Objectives and Prioritiesii. Project Nature and Characteristicsiii. Project Risks Appraisal and Managementiv. Project Teamv. Building Procurement Systemvi. Contractual Arrangementvii.Organisation Structureviii.Planningix. Monitoring and Control Systemsx. Information Recording and Retrieval

Systemsxi. Manage Changexii.Commercial/Business and Human

Relations4) Value Management

i. VM & Philosophyii. Past & Recent Developmentiii. Benefit of VMiv. Value – Concepts and Perceptionsv. Job Plan Methodologyvi. VM Implementationvii.Soft VM – Value Managed Quality Systemviii.VM issues and Opportunities in Malaysia

5) Risk Management i. Construction Characteristics and Problemsii. Sources and Effects of Construction Risksiii. Risks Categoriesiv. Risks Appraisal and Management Processv. Risks Management Workshop Model

SESSION 2 (22nd March 2017) Extension of Time

1) Delay Categoriesa) Delays caused by Contractorb) Delays caused by Employer c) Delays caused by Events beyond Control

2) Commencement, Progress and Completion3) Grounds

a) Salient Provisions 4) Force Majeure

a) Definitionb) Noticec) Claims under Force Majeured) Case Lawe) Price Escalation Event

5) Inclement Weathera) Definition of “Inclement” vs “Adverse” Weatherb) Methodology of Weather Measurementc) Compensation for Costs Incurredd) Essential Elements in Weather Claime) Case Law

6) Planning and Programminga) Real purpose of Work Programmeb) Construction Work Programmingc) Updated Programme - Retrospective

Allegations of Concurrent Delays?7) Claim Procedures & Assessment8) Mitigation of Delay

a) What are Expedition, Mitigation and Acceleration?

b) Comparison of Expedition, Mitigation and Acceleration

c) Doctrine of Constructive Acceleration 9) Progressing with Works Regularly and Diligently

a) Definition b) Contract Provisions & Case Law

SESSION 3 (27th April 2017) Loss and/or Expense

1) Claims and Damagesa) Contract Provisionsb) Case Law

2) Grounds a) Contract Provisions b) Loss and Expense Arising from Variations

3) Notificationa) Contract Provisionsb) Case Law

4) Submission5) Claims Documentation6) Evaluation7) Head Office Overheads

a) Contractual Definitionb) Case Lawc) Formula Methodsd) Calculation Samples

8) Additional Preliminariesa) Standard Formsb) Contract Basisc) Pro-rate Basisd) Formula Basise) Negotiation Basisf) Timing Methodsg) Case law

9) Global Claima) What is Global Claim?b) Why Global Claim?c) Global vs Substantiated/Justified Claimd) Case Law on Global Claimse) Recent Legal Positionf) What should Contractors do?g) Can Global Claims be Challenged?

SESSION 4 (23rd May 2017) Defects & Practical Completion

1) Practical Completiona) Definition b) Contract Provisionsc) Effects of Certificate of Practical

Completiond) Conditional CPC

2) Defectsa) What are Defects?b) Patent and Latent Defectsc) Outstanding/Non-compliant Worksd) Contractor Liabilitiese) Contract Provisionsf) When Contractor Not-liable?g) Case Lawh) Defects Management

Retention, Bonds and Insurances 1) Insurance Principles/Requirements

a) Project Insurancesb) Insurance Principles

2) Types of Insurance3) Procedure for Claims Notification4) Common Problems in Insurance Claims5) Bonds and Guarantees

a) Nature of Bondsb) Release of Surety

6) On-Demand Bond vs Performance Bonda) Provisions under Construction Contractb) Performance Bond – Key Features

7) Retention Sumsa) Its Purposesb) Contract provisionsc) Case Law

i. Separate trust fundii. Set-off against retention sum

SESSION 5 (6th July 2017) Contractual Issues

1) Letter of Intent - Enforceable or not? 2) Design and Build Contracts

a) Types of Building Procurement System/Methodb) Structure and Contractual Relationshipc) Framework and Operationd) Features, Implications and Limitations

3) Ground Conditionsa) Differences in Ground Conditionsb) Allocation & Management of Contractual Risks c) Who is Best to Manage or Control Risks?d) Erroneous or Misleading Information by

Employer e) Mitigation Measures

4) Fit for Purposea) Definitionb) Fit for Purpose vs Suitability for Purpose

5) Condition Precedenta) Purposeb) Notice requirement c) Non-compliance Issues and Implications d) Case Law

Termination and Determination1) Introduction2) Determination of Employment3) Termination of Contract

a) Termination by Convenienceb) Termination at Common Law

4) Late Payment - Ground for Termination/ Determination?

5) Dispute Resolution Advisor Systema) DRA System Genesis & Objectives;b) DRA Appointment, Roles and Responsibilities ;c) Stages in DRA System;d) DRA System in Hong Kong;