Construction Claims for Employers, Consultants & Contractors Seminar 1 of 2 About Raja, Darryl & Loh Raja, Darryl & Loh ranks as one of the larger law firms in Malaysia, with a client base that include financial institutions, multinationals, public-listed companies, corporations, small & medium enterprises and individuals. The Company practise in a broad spectrum areas and offers a comprehensive and wide range of legal services through its three practice groups: Corporate and Commercial; Dispute Resolution, and Intellectual Property & Technology. It also offers company secretarial services through RDL Corporate Services Sdn Bhd. The Speakers This seminar has been designed to focus on time and cost claim considerations in major projects. These two elements and payment disputes remain the principal issues in contract management and often pose as significant risks in meeting project objectives. The seminar is intended to give participants a basic understanding of principles behind delay and cost submissions. Participants will also have an opportunity to appreciate how the new Construction Industry Payment & Adjudication Act 2012 (CIPAA) is likely to affect the payment disputes in Malaysia. Topics that will be presented are: Delay/EOT & Disruption, by Shamila Neelakandan Often, a project’s success is gauged by how quickly the turnaround period to completion is achieved. Meeting the targeted completion date is a challenge given that not all delay events can be anticipated at commencement of contract. Where these can be identified, the contract provides for an extension of time mechanism. This session discusses the various perspectives to delay associated claims, with a focus on delay events and entitlement based on cause and effect. Valuation & Cost Claims, by Shawn Chong Claims and valuation of cost claims are controversial to Employers, Contract Administrators and Contractors alike. Significant amount of resources and time are spent each year by Contractors in submitting claims, followed by Contract Administrator’s assessment and proper valuation before these are addressed by Employer. Undoubtedly, Employer’s management resources will need to be expended to deal with claims. To the extent that claims are unavoidable, this session will deal with the genesis of claims and covers instructions, change orders, variations, claims arising from documentation, execution of work, breach and/or termination issues. This session will present the subject matter of claims from the often opposing perspectives of Employers, Contract Administrators and Contractors. Construction Industry Payment & Adjudication Act 2012 (CIPAA) A Legal and Practical Perspective, by Chang Wei Mun The Construction Industry Payment and Adjudication Act 2012 (“CIPAA”) is expected to come into operation this year whereupon it will bring about compulsory statutory adjudication as an alternative method for resolving disputes. The experience of other countries shows that this will revolutionize how construction disputes are resolved. This talk is designed to introduce adjudication to those who will be most affected by it. We will touch upon how parties can make use of and defend themselves in adjudication and how this will impact them in the way they do business. Workshop Session This workshop is meant to be an interactive session on the presentation and assessment of time and cost claims. A case study will be presented to attendees for analysis and critique; addressing the basis of claims, and considerations to be taken into account when presenting such claims. Who will be attending: Owners, Developers, Contractors, Subcontractors, Architects, Engineers, Consultants and Government Agencies The Seminar www.rajadarrylloh.com Shamila Neelakandan, Operations Director, Hill International Shamila is responsible for the Hill’s Malaysian business operations for major projects and construction management related services. She has 18 years of experience in contracts and commercial experience specializing in both contentious and non- contentious engineering projects. Her experience includes major process and power generation, transport, infrastructure and industrial projects throughout Europe, Middle East and Asia. Apart from claims related advice, Shamila also advises on risk assessment and project turnaround strategy. She continues to advise Employers, Contractors and Government linked agencies on project and contract management issues. Shawn Chong, Technical Director, Hill International Shawn has over 24 years of diverse experience in the property and construction Industry. He has worked on large-scale commercial, residential, civil engineering, power plant and airport projects and specialises in contract preparation, contract management and project risk management. He advises employers and contractors in the construction aspects of major projects and has been appointed as expert witness in adjudication and arbitration cases in Singapore and Malaysia. Shawn regularly writes and contributes topical construction issues to professional journals and magazines. Chang Wei Mun, Partner, Raja, Darryl & Loh Wei Mun heads the construction and energy practice group at Raja, Darryl & Loh. He has been in legal practice for more than 25 years and has been involved in the dispute resolution process involving a wide range of market sectors. He was listed as a leading lawyer in the field of construction dispute resolution in Chambers ASIA 2010, 2011 and 2012 and was recommended for construction work by Asia Pacific Legal 500 in 2010, 2011 and 2012. He is presently the President of the Malaysian Institute of Arbitrators and has acted as president, and co-arbitrator in respect of 3 man arbitral tribunals as well as sole arbitrator in various international and domestic arbitrations. Wei Mun has appeared in all levels of the Malaysian Court system where close to 30 cases which he has argued have been reported and published. The Ritz-Carlton (Cobalt 6, Level 1) • KUALA LUMPUR Wednesday 3 July 2013 • 9am to 5pm • Registration: 8:30am Special Guest Speaker: Chang Wei Mun - RAJA, DARRYL & LOH