ONE DAY SEMINAR ON IMPORTANT ISSUES IN THE PROCUREMENT, MANAGEMENT AND ADMINISTRATION OF CONSTRUCTION PROJECTS Venue: Atlanta East, Level 3, Armada Hotel, Petaling Jaya Monday, 31

st

October 2011, 9.00 am – 6.00 pm SPEAKERS:

JOHN BATTERSBY

FInstCES, FGIS, FASI, FCIOB, FHKICM, MRICS, MHKIS, FCMI, FCIArb, FHKIArb, MAE

Group Managing Director BK Asia Pacific ___________________________

Sr. LIM CHONG FONG

BSc (Building) Hons (NUS), MCIOB, FRICS, FISM, FCIArb, LLB Hons (Lond), LLM (Malaya), CLP, Barrister (Middle Temple) Advocate & Solicitor (Malaya & Brunei) ,Reg.QS (M’sia)

Partner Azman, Davidson & Co.

______________________________

COLIN BOOTHMAN

FRICS,MA CostE

Gleeds UK Director Cost and Project Management Services, Director Gleeds Asia Pacific ___________________________

OBJECTIVES:

In the challenging world of construction, the need for awareness, updating and understanding of construction issues especially on those related to law, risks and costs are indeed vital.

This seminar is designed specifically to introduce and update the players in the industry with the important issues in the procurement, management and administration of construction projects, with the aim to: • Identify various risk categories and ways to manage and control construction risks; • Provide an insight of the new amendments to the CIDB Act and how it will impact on the construction industry; • Enlighten the participants on each procurement methods available and the risk involved; • Enlighten the participants on recent and pertinent contractual nightmares and provide appropriate or possible solution(s) to unravel them.

CIDB CCD PROGRAMME

This seminar is a Continuing Construction Development (CCD) programme. 10 Points.

CERTIFICATE

A Certificate of Attendance will be presented to participants at the end of the seminar.

Organised by:

Sr. ONG HOCK TEK

Panel Arbitrator/Accredited Mediator Reg. QS/Certified Construction Project Manager/VM Practitioner/Master Trainer BSc(Hon) MSc MBA DipM DipICArb MMIM MIVMA FISM ICECA FRICS FCInstCES FCIOB FCIArb FSIArb FMIArb

Director Entrusty Group, Director BK Burns & Ong S/B ___________________________

WHO SHOULD ATTEND:

Developers Consultants Architects ● Owners ● Government Officials ● ● Engineers ● Quantity Surveyors ● ● Project Managers ● Site Managers ● Construction Managers Construction Consultants Maintenance Officers ● Building and ● Superintending and ● Main Contractors ● Sub Contractors ● Suppliers ● Construction Lawyers ● Practitioners ● Lecturers ● Other Management and Supervisory Personnel

In Collaboration with

The prominent and experienced speakers both local and regional for this One Day Seminar On Important Issues In The Procurement, Management And Administration Of Construction Projects are: JOHN BATTERSBY

Mr. John Battersby

is a Quantity Surveyor by profession having worked in the construction industry for 44 years, 28 years of which have been spent working on projects in Hong Kong, China and South East Asia. He is a Fellow of the Chartered Institute of Building, Hong Kong Institute of Construction Managers, Chartered Institution of Civil Engineering Surveyors, Chartered Institute of Arbitrators and Hong Kong Institute of Arbitrators and a Member of the Royal Institution of Chartered Surveyors and Hong Kong Institute of Surveyors.

John has acted as an expert witness several times, both in arbitration and litigation, in respect of additional cost/loss and expense/damages claims, measurement issues, adjustment of rates, valuation of variations and causes and effects of delays to construction works. He has acted both as party appointed expert and “single joint expert” (or “tribunal expert”). He is a Practising Member of the Academy of Experts and accredited by the Academy as an Expert. He has also been appointed as Arbitrator, Assessor, Mediator and Dispute Resolution Advisor several times.

Sr. LIM CHONG FONG

Sr. Lim Chong Fong

graduated with a degree in building from the National University of Singapore and worked as a quantity surveyor in a construction firm, Hytech Builders Pte Ltd in Singapore from 1985 to 1990. He subsequently graduated with a degree in law from the University of London and commenced legal practice at Messrs Azman Davidson & Co. in 1991. He is a Chartered Arbitrator, Chartered Builder and Chartered Quantity Surveyor and is admitted to the Malayan, English and Brunei Bar. He is presently involved principally in construction law and dispute resolution as counsel in both arbitrations and the courts. He also acts as an arbitrator, adjudicator and mediator. He was a past Chairman of the Construction Law Sub-Committee of the Bar Council Malaysia and has contributed to the Construction Law title for Halsbury’s Laws of Malaysia and the Arbitration and Construction Law titles for Malaysian Court Forms and Atkin Court Forms Malaysia. In 2003-2004, he undertook research on the topic “Securing Payment and the Expeditious Recovery of the Unpaid Builder’s Claim” under the Malaysian Fulbright scholarship at the William S. Richardson School of Law at the University of Hawaii in Manoa, USA. He developed on his research and in 2010 graduated with a Masters degree in Law from the University of Malaya by the submission of the thesis entitled Reform”. Towards this end, he was commissioned by the Construction Industry Development Board Malaysia to formulate the draft Construction Industry Payment and Adjudication bill.

“Malaysian Construction Industry Payment – Strategies for

COLIN BOOTHMAN

Mr. Colin Boothman

is a London Cost Management Board Director and a Director of Gleeds Asia Pacific responsible for the Hong Kong and China Business.

He joined Gleeds in 1994 and has experience in the Construction Industry in Private Practice and as a Client associated with the management and control of all types of Building and Engineering projects, in the UK and overseas. He is an approved RICS APC Panel Chairman and has acted for Solicitors and Clients providing expert witness services. For 15 years up to 2009 he was Gleeds Principal Partner in Manchester responsible for a wide range of Cost and Project Management commissions up to £1Bn in value. Projects were in sectors such as Pharmaceuticals, Health, Leisure, Commercial Accommodation and Transport. Colin had responsibility for long term frameworks in Aviation, Education and Research facilities.

Since 2000 he has been responsible to the Main Board for the growth and development of the China business and at the beginning of 2009 moved to Shanghai to oversee a major commission. He has since become resident in the region developing business opportunities across Asia.

Sr. ONG HOCK TEK

of for

Sr. Ong Hock Tek

is a well-qualified multi-disciplinary consultant who is experienced in pre and post contract quantity surveying duties, project, commercial and contractual administration and management various types of construction projects, gained from over 25 years of working experience. He is a registered Quantity Surveyor and a Value Management (VM) Practitioner, also conducts VM and Risk Management consultancy, training and workshops in the construction industry. He pioneered Value Managed Quality System (VMQS), a value-added quality management system approach that integrates VM to promote better effectiveness and efficiency in organizational and work processes, continuously companies aspiring to be an ISO certified organisation. He is a fellow member of six professional institutions, namely The Chartered Institute of Building, The Royal Institution of Surveyors, The Chartered Institute of Civil Engineering Surveyors, The Chartered Institute of Arbitrators, The Institution of Surveyors Malaysia and Singapore Institute of Arbitrators. Mr Ong is the Director of BK Burns & Ong Sdn Bhd and BK Burns (Singapore) Pte Ltd and the Managing Director of Entrusty Group, providing comprehensive consultancy and advisory services in project, commercial & contracts, construction, facilities, cost, quality, risks and value management, executive search and personnel recruitment as well as corporate training/seminars/workshops to various industries, in particular construction, petrochemical, manufacturing and IT, both locally and internationally.

OUTLINE SEMINAR CONTENTS

JOHN BATTERSBY,

FInstCES, FGIS, FASI, FCIOB, FHKICM, MRICS, MHKIS, FCMI, FCIArb, FHKIArb, MAE .

Group Managing Director of BK Asia Pacific

Managing Construction Risk for Employers, Contractors and Subcontractors

All construction projects involve risks, which the contracting parties should be aware and be able to appreciate and manage them, effectively in order to achieve the project and organisation objectives. This paper aims to identify various risk categories and the ways to manage and control construction risks. The paper will include: 1.

2.

3.

4.

What is construction risk?

Identifying and managing risk How should risk be allocated in contracts and subcontracts?

Managing tender risk 5.

6.

7.

8.

Managing risk of time overruns Minimising risk by effective contract administration Proactive subcontract management to avoid risk Conclusion

Sr. LIM CHONG FONG,

BSc (Building) Hons (NUS), MCIOB, FRICS, FISM, FCIArb, LLB Hons (Lond), LLM (Malaya), CLP, Barrister (Middle Temple),Advocate & Solicitor (Malaya & Brunei) ,Reg.QS (M’sia).

Partner of Azman, Davidson & Co

The CIDB Amendment Act 2011

1.

2.

3.

4.

5.

The recent amendment to the CIDB Act is wide and far reaching. The CIDB Act now regulates all construction personnel and certain construction materials. The duty of contractors are also stipulated therein. Thus all contractors must be aware of the implications as failure to do so will result in statutory criminal offence carrying heavy penalties besides possibly civil breach of statutory duty. To ensure compliance the CIDB and police have been given extensive powers of enforcement and investigation. The paper will include: Purpose of Amendment Registration, Accreditation, Certification and Training of Construction Personnel Standards and Codes of Practice in the Construction Industry Statutory Duty of Contractors Enforcement and Investigation

COLIN BOOTHMAN,

FRICS,MA CostE.

Gleeds UK Director Cost and Project Management Services, Director of Gleeds Asia Pacific

Procurement Awareness and Project Risks

In any construction project, decision on adopting which procurement method is a vital decision to be made by the Owner as it determined not only the cost and management of the project but as well as responsibilities of each contracting parties. This paper aims to enlighten various parties especially the Owner on each procurement methods available and the risk bear by it. The paper will include: 1.

2.

3.

4.

Procurement Options • Awareness • Appetite • Transfer Pros and Cons of Traditional Approach • Why is it out of favour?

• Is it really the answer?

Design and Build – why does it fail?

PPP and PFI – how it has been used by Governments.

• Case Studies • Methodology • • Value for money Risk 5.

6.

Project Management Approach • How it can help • Overview of process • Stakeholders • • • • Workshops Communication Design Consultants Time, cost or quality – which comes first.

Dispute awareness and Avoidance

Sr. ONG HOCK TEK,

Panel Arbitrator/Accr.Mediator/Reg.QS/Cert.Constr.Project Manager/VM Practitioner/ Master Trainer, BSc(Hon) MSc MBA DipM DipICArb MMIM MIVMA FISM ICECA FRICS FCInstCES FCIOB FCIArb FSIArb FMIArb

Director of Entrusty Group, Director of BK Burns & Ong Sdn Bhd.

12 Common Contractual Nightmares Unraveled

The Malaysian construction industry is constantly bombarded with numerous contractual issues and problems, some of which are indeed a nightmare for the contracting parties, in particular the contractors and sub-contractors. The aim of this paper is to list some of these common issues and problems which have caused nightmares to them, in the form of questions, and provide appropriate or possible solution/s to unraveled these nightmares. The paper will include: 1.

2.

Extension Of Time • Does critical path analysis means fair entitlement to • • extension of time ?

Who really owns the ‘Float’ in a work programme ?

What constitute mitigation,expedition and acceleration ?

Variation • Should a variation be instructed or agreed before it is • • carried out ?

What are the common rules for valuation of variations ?

Can the tendered rate be applied to an item when there is a change in its quantities?

3.

4.

Loss And Expense • Can loss and expense form part of variation ?

• Can recurring costs be used in claim for additional Preliminaries ?

• Are actual costs necessary in loss and expense claim and evaluation ?

General • What is Fit for Purpose or Suitability for Purpose ?

• Who is responsible for unforeseen or adverse ground • conditions ?

What constitute patent and latent defects ?

PROGRAMME

0830 Registration 0900 Opening Remarks by MBAM 0915 Paper 1 –

Managing Construction Risks for Employers, Contractors and Subcontractor

by John Battersby 1045 Morning break 1100 Paper 2 –

The CIDB Amendment Act 2011

by Sr. Lim Chong Fong 1230 Lunch 1400 Paper 3 –

Procurement Awareness and Project Risk

by Colin Boothman 1500 Paper 4 –

Common Contractual Nightmares Unraveled

by Sr. Ong Hock Tek 1630 Question & Answer Session 1700 Refreshment 1800 End of Seminar

FEES REGISTRATION & ENQUIRY

• • Closing date for Registration is 24 th October 2011 Payment should be

Association Malaysia

made payable to

Master Builder

and sent by mail or fax or email together with Registration Form to the following address:-

Master Builders Association Malaysia (MBAM) 2-1 (1st Floor), Jalan 2/109E, Desa Business Park, Taman Desa, Off Jalan Klang Lama, 58100 Kuala Lumpur, Malaysia. Tel: 03 79848636 Fax: 03 7982 6811 Email : [email protected]

• Any enquiries, please contact Ms. Lee Siew Mei or Ms Loges at Tel: 03 7984 8636

Category of participants

Members* Non Members/ Others

FEE

FEES (RM) Regular

250.00

350.00

REGISTRATION FORM

(Please email: [email protected]/ or fax; 03-79848636) 1-Day Seminar on Recent Developments in The Procurement, Management and Administration of Construction Projects

Date: 31 st October 2011 (Monday) Venue: Armada Hotel, Petaling Jaya Time: 9.00 am – 6.00 pm Full Name (1): __________________ Designation: _________________ CIDB Green Card No./ Expiry: ______________ Full Name (2): __________________ Designation: _________________ CIDB Green Card No./ Expiry: ______________ Full Name (3): __________________ Designation: _________________ CIDB Green Card No./ Expiry: ______________ Full Name (4): __________________ Designation: _________________ CIDB Green Card No./ Expiry: ______________ Full Name (5): __________________ Designation: _________________ CIDB Green Card No./ Expiry: ______________

Total fee: Member @ RM250.00/ Non-member @ RM350.00 x _____ participant/s = ________ Cheque No.: ________

\Company: ________________________________________________________________________________________ Tel: ______________ Fax: ______________ Email: _______________________________________________________ Signature: ____________________________ Contact Person: ___________________________ Date: _______________

Note:

1.

NO CANCELLATION

of registration and refund of fees are allowed upon receipt of this registration. However, substitute is permitted. The Organisers reserve the right to change the contents, venue, date, etc., due to any unforeseen circumstances.