The Institution of Engineers Malaysia (Southern Branch) - Past Activity: Claims & Disputes / Construction Contracts: Nature, Principles, Practice & Resolution

The Engineering/Construction Industry has been growing in leaps and bounds over the last decade or so. This period has seen massive projects being undertaken on a mega-scale. In tandem with this development has been a large increase in claims pertaining to Engineering/Construction Contracts. The issue of claims is a thorny one, which continues to plague the industry. In view of this fact, the instant course has been put together to address the practical aspects of the said subject and will benefit all major parties of the industry. This course comprises a total of four modules conducted over an intensive two day seminar. This course deals with practical aspects of the claims process with sufficient time allotted to question and answer sessions.

2.0 OBJECTIVES

1. To introduce participants to the highly contentious subject of claims.

2. To acquaint participants with the types, nature, sources and characteristics of commonly occurring claims.

3. To expose participants to the general principals and practice of preparing, drafting, submitting, assessing and resolving claims.

4. To update participants on the latest legal developments pertaining to the subject.

3.0 COURSE CONTENTS

1. Module I CLAIMS - NATURE OF CHARACTERISTICS

· Definitions

· Main Reason For Claims

· Principal Claimants

· Categorization

· Common Heads

· The Claim Process

2. Module II CLAIMS – PREPARATION & DRAFTING

· The Claim Inception Stage

· Notification Procedures

· Preparation of Materials

· Drafting of Claims

· Submission of Claims

3. Module III CLAIMS - ASSESSMENT

· Pre-Conditions

· Analysis/Assessment

· Initiation and Making of Claims

· Counter-Claims

· Find Decision on Claims

4. Module IV CLAIMS - RESOLUTION

· Pre-Conditions

· Traditional Methods (TDR) In general

· Litigation

· Arbitration

· Alternative Methods (ADR) In general

· Negotiations

· Mediation/Conciliation

· Miscellaneous Methods

4.0 PROFILE OF COURSE FACILITATOR

Ir. Harbans Singh K.S. qualified with a Bachelor of Engineering (Mechanical) degree from the University of Singapore. He commenced his engineering career with the Public Works Department Malaysia before joining, shortly after, an international German engineering consultancy practice with which he worked six years locally and then at their headquarters in Koblenz, West Germany firstly as a designer, then as a resident engineer and contract administrator.

On his return to Malaysia, Ir. Harbans Singh served with a local engineering consultancy firm, eventually moving on to head a contract consultancy and management practice. Presently he is a director of HSH Consult Sdn Bhd, a firm

providing contract consultancy, training and advisory services.

Ir. Harbans Singh is a registered Professional Engineer, Chartered Engineer, Arbitrator, Mediator and Conciliator. In addition to his engineering qualifications, he holds an LLB (Hons.) degree from the University of London and has been

called to the Malayan Bar as an Advocate and Solicitor. In early 2003, Ir. Harbans Singh attended the Diploma in International Commercial Arbitration Course held in Oxford by the Chartered Institute of Arbitrators where he was awarded the Cedric Barclay Prize and the Institution’s prize for achieving the highest marks in the Award Writing Examination and Arbitration Practice and Procedure Examination respectively.

Though not in active practice as a lawyer, Ir. Harbans Singh continues pursuing his interest in construction/building law through conducting courses and seminars, providing contract advisory/consultancy services plus the publication of papers in technical journals on this subject. He is a regular contributor to Buletin Ingenieur and Suara Perunding and was awarded in 2001 The Institution of Engineers, Malaysia’s Tan Sri Hj. Yusoff Prize for an outstanding technical paper entitled “Failures Related to Geotechnical Works and the Law”. To-date, he has successfully conducted courses and seminars on the above subject for bodies such as Board of Engineers, Malaysia, The Institution of Engineers, Malaysia, Association of Consulting Engineers, Malaysia, the Ministry of Development Brunei Darussalam and a host of private firms and

organizations.

He has also authored a series of books entitled “Engineering and Construction Contracts Management” which have been published by Lexis Nexis/Butterworths.

REGISTRATION FEE:

IEM Member: RM 700.00

Non Member: RM 800.00

CIDB Rebate:

Participants who are holders of a valid CIDB Green Card and have paid their registration fees in FULL are eligible for a rebate of RM100.00 of the registration fees. Please forward clear certified copy of the CIDB Green Card together with the registration form for verification.

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