CONSTRUCTION INDUSTRY DISPUTE RESOLUTION CONSTRUCTION DISPUTE ADR - THE ART & SCIENCE OF EOT/LOSS & EXPENSE CLAIMS
- 25 September 2024, Wednesday
- 9:00am - 5:30pm
- Le Meridien Kota Kinabalu, Sabah
- eventsecsolutions@gmail.com
- 03 6206 1549 or 017 372 8192, Ms Esther Ooi
CONTENTS
Session 1 / Sesi 1
JKR/PAM contract provisions on parties’ obligations as to time to complete the works, concept of “reasonable time” and “due diligence”, the procedure of extension of time applications and assessment, condition precedent notice and submission of particulars, the administration of Liquidated Damages provisions and the contention of “Time at Large”.
Tanggungjawab semua pihak mengikut peruntukan kontrak JKR/PAM mengenai masa untuk menyiapkan kerja, konsep “masa yang munasabah” dan “usaha wajar”, prosedur permohonan lanjutan dan penilaian masa, notis kelambatan dan penyerahan butir-butir, pentadbiran Ganti Rugi Tertentu atau Liquidated Damages dan pertikaian “Time at Large”.
Session 2 / Sesi 2
JKR/PAM contract provisions for loss and expense claims, the general principle at law, establishing the loss and expense claim period, the mechanism and contractual requirements for linking causation to quantum, distinguishing separate heads of claim, and identification of relevant supporting documents.
Peruntukan kontrak JKR/PAM untuk tuntutan kerugian dan perbelanjaan, prinsip am undang-undang, menetapkan tempoh tuntutan kerugian dan perbelanjaan, mekanisme dan keperluan kontrak untuk menghubungkan sebab kepada tuntutan kos atau kuantum, membezakan jenis-jenis tuntutan, dan pengenalpastian dokumen sokongan yang berkaitan.
Session 3 / Sesi 3
Workshop 1: Preparation of a verifiable EOT claim, from identification of delay event to quantifying effect.
Bengkel 1: Penyediaan tuntutan EOT yang boleh disahkan daripada pengenalpastian peristiwa kelewatan dan kesannya terhadap sesuatu projek.
Session 4
Workshop 2: Preparation of a verifiable Loss & Expense claim, by linking critical delay to the costs incurred.
Bengkel 2: Penyediaan tuntutan Kerugian & Perbelanjaan yang boleh disahkan dengan mengaitkan kelewatan yang kritikal dengan kos yang ditanggung.
CPD/CCD POINTS & HRDF
- BQSM, CIDB, IEM & LAM
- HRD Corp Claimable.
Seminar Program
| 08:30 | Registration / Pendaftaran |
| 09:00 | Session 1 / Sesi 1 |
| 10:30 | Break / Rehat 1 |
| 10:45 | Session 2 / Sesi 2 |
| 13:00 | Lunch / Makan Tengahari |
| 14:00 | Session 3 / Sesi 3 |
| 15:30 | Break / Rehat 2 |
| 15:45 | Session 4 / Sesi 4 |
| 17:00 | Q&A / Soal Jawab |
| 17:30 | Close / Tamat |
Seminar Fees
Early bird registration with full payment before 25 July 2024 @ RM1,050.00 per person
Payment after 25 July 2024:
1 – 2 participants: RM1,250.00 per person
3 and above participants: RM1,150.00 per person
** Inclusive of PDF course materials PDF slides materials & hardcopy workshop materials
About The Speaker
Lieh Sieng Soh - ACCREDITED EXPERT, ADJUDICATOR & ARBITRATOR
BEng(Hons) MSc(Construction Law & Arbitration) LLM NECReg
FRICS FCIOB FCIArb FCABE FACostE FAE FSIArb FMIArb FAiADR
Mr Soh Lieh Sieng is a consummate construction industry expert, having spent some 28 years working for contractors, consultants and employers throughout the United Kingdom, Europe, Asia Pacific and the Middle-East in engineering, construction and dispute resolution roles. Over the years Lieh Sieng has developed skills in project management, construction of major bridges and infrastructure works, airports and buildings, power plants, oil/gas construction and heavy-lift operations, contract administration, preparation of claims related to changes and variations, delays and extension of time (EOT), and loss and expense claims in respect of delays, disruption and acceleration.
Currently working in Malaysia, Singapore and the region, Lieh Sieng specialises in resolving construction and contractual disputes, and regularly acts as Expert Witness for contractors or employers in court, adjudication and arbitration. Lieh Sieng has presented written and oral expert evidence on cases in relation to construction technology, defective works, contract termination, delay and extension of time, loss and expense, variations, cardinal change and contract interpretation in both domestic and international proceedings under ICC, AIAC and SIAC arbitration rules.
Lieh Sieng is known for his extensive knowledge in the use of the FIDIC EPC and Design/Build Contract Forms where he has spent many years advising parties to infrastructure and power generation projects in several developing countries, as well as assisting parties in resolving disputes under FIDIC’s Dispute Adjudication Board (DAB) procedure and International Chamber of Commerce (ICC) Arbitration proceedings.
Lieh Sieng holds qualifications in both Civil Engineering and Law. A UK qualified Chartered Building Engineer, Chartered Surveyor, Chartered Construction Manager, Accredited NEC3 Project Manager and Certified Cost Engineer, he is a Fellow of the Royal Institute of Chartered Survyeors UK, the Chartered Institute of Building UK, the Chartered Institute of Arbitrators UK, the Chartered Association of Building Engineers UK, the Association of Cost Engineers UK, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, the Malaysian Society of Adjudicators and the Asian Institute of Alternative Dispute Resolution. He is also an Accredited Expert and a Fellow of the Academy of Experts UK, the professional body for expert witnesses worldwide.
EDDY AZHAR OTHMAN
BEng(Civil) MPM P.Tech CIEM CPE FAAPM MMIArb Aff.M.ASCE
Ts. Eddy Othman is a construction planning professional with over 20 years of hands-on experience in construction management and planning. Eddy started his career in construction managing civil and building works for several construction companies. He quickly developed a keen interest in construction planning and have specialised in planning and scheduling since 2006, working for specialist planning firms and main contractors on landmark projects such as the National Heart Institute (IJN) and the Second Penang Bridge in Malaysia.
ddy holds qualifications in Civil Engineering and a Masters degree in Project Management. A Certified Planning Engineer, Eddy is a Member of the Institution of Engineers Malaysia and the Malaysian Institute of Arbitrators. He heads our forensic delay and planning services, and he has experience in providing expert opinion on the causes of delay and extension of time entitlement for dispute resolution proceedings.
hidayah suhaimi - ADJUDICATOR & ARBITRATOR
BSc(Hons)Constr Mgmt FQSi FCIArb FMIArb FAiADR MMSAdj
Puan Hidayah Suhaimi graduated with qualifications in civil engineering and construction management in 2008, and began her career as a quantity surveyor with developers and contractors, before joining CSi in 2014. As a senior member of CSi’s dispute management team, she leads our valuation work for disputed claims in relation to work done, variations and time extensions, preparing adjudication and arbitration submissions. Since 2015 Hidayah successfully represented parties in adjudication for claims and defence valued in excess of RM150 Million.
An empaneled Adjudicator and Arbitrator, Hidayah is a Fellow of Quantity Surveyors International UK, Chartered Institute of Arbitrators UK, the Malaysian Institute of Arbitrators, the Asian Institute of Alternative Dispute Resolution, and a Member of the Malaysian Society of Adjudicators. She is certified to act as Adjudicator for statutory adjudication under the Construction Industry Payment and Adjudication Act (CIPAA) in Malaysia.
BEFFY YEW - ADJUDICATOR & ARBITRATOR
BSc(Hons) Construction Management FCIArb FMIArb
Miss Beffy Yew graduated from University Sains Malaysia with an honours degree in Construction Management in 2013. Having bonded with YTL as a scholar, she started her career
with YTL Construction as a site engineer on a high-rise building construction project, and was eventually employed in the role of construction planner & scheduler.
In 2017 Beffy joined CSi’s forensic delay and planning team, where she regularly performs EOT assessment / delay analysis assignments, and assists with delay expert witness reports. She also assists with the preparation of adjudication and arbitration submissions. Recent appointments include assisting delay expert in an arbitration for a major mixed development project, the renovation works of a private hospital project, and assisting counsel in arbitration for a claim of wrongful Liquidated Damages imposition against the employer of a factory construction project.
Beffy is a Fellow of the Chartered Institute of Arbitrators UK and the Malaysian Institute of Arbitrators.
FADZLINA YAHYA
BQS(Hons) UTM
Puan Fadzlina Yahya graduated from University Teknologi Malaysia with an honours degree in Quantity Surveying in 2008. She started her career with a quantity surveying consultant firm as an assistant quantity surveyor, before joining MRCB in 2010.
In 2022, Fadzlina joined CSI’s quantum team, where she assists in performing assessments for disputed claims in relation to work done, variations, termination, while also preparing adjudication and arbitration submissions.
Fadzlina is a Certified BIM Modeller (Structure). She is currently pursuing professional qualifications in dispute resolution and quantity surveying.
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Terms & Conditions:
- Once registered, no cancellation is allowed.
- Please email your proof of payment with to us once you have submit your online registration.
