Seminars & Trainings

Singapore

25 Questions Answered! (with Workshops)

On March 11, 2019

 

25 Questions Answered!

 

 

The benefits

  • Detailed Explanation for difficult problem areas
  • Speakers Who Are Experienced construction industry practitioners
  • Comprehensive Course Material (Comprehensive Seminar Notes)
  • Reference to Singapore Standard Forms of Contract

 

Who should attend

  • Anyone involved in the administration of construction contracts including Architects, Engineers, Quantity Surveyors, Contractors, Subcontractors, Principals, Lawyers, Government Bodies, Employers, Consultants, Project Managers, Suppliers, Planners / Schedulers.

 

What participants have said about Charlton Martin Seminars

  • “Comprehensive seminar material”
  • “The Q & A sessions and case studies during the workshop were very practical and related to my work”
  • “The content and language used by the speakers was easy to understand and straight forward”
  • “Speakers interacted well with the participants”
  • “Practical knowledge that helps in my daily work”

 

CPD Credit Points

  • This seminar qualifies to meet the PDU / CPD requirements of Singapore and international professions. A certificate of attendance will be issued.

 

 

SEMINAR CONTENT

 


Lecture 1 – Extension of Time and Programme | Liquidated and Ascertained Damages

 

  1. Does a contractor or subcontractor lose entitlements to extensions of time if he fails to submit the appropriate notices and details required by the contract?
  2. Is a subcontractor obliged to follow a main contractor’s programme?
  3. Where a contractor’s progress is behind programme, will he be entitled to an extension of time where the progress and completion is affected by exceptionally adverse weather but would not have been so affected if work had been on programme?
  4. Should float within the programme belong to the contractor, the employer or the project?
  5. If the architect or engineer fails to grant an extension of time within a timescale laid down in the contract, will this prevent the employer from levying liquidated damages?
  6. If the architect or engineer issues a variation after the extended completion date but before practical completion, can an extension of time be granted or will liquidated damages become unenforceable?
  7. A main contractor has appointed several subcontractors, each for a different trade. How should liquidated damages be distributed among them?
  8. Where a contractor is entitled to extension of time and the contract administrator either fails to properly consider or refuses to grant the time due, can the contractor claim for legitimate costs of speeding up the works arguing that he did this to reduce exposure to liquidated damages?
  9. What is meant by ‘time at large’? How does it affect the employer’s entitlement to levy liquidated damages for late completion?

 

Lecture 2 – Variation and Additional Costs | Payment

 

  1. Can an instruction for additional work recorded in the minutes of a meeting be considered to be a valid and sufficient form of instructionin order for the contractor to claim variation work?
  2. Can the contract administrator refuse to use a contract rate to value a variation because it is considered to be unreasonably high?
  3. Can the issue of a variation to the work ever have the effect of creating a separate or replacement contract?
  4. Is it correct to reduce an entitlement to prolongation costs so as to reflect the amounts recovered in the valuation of the variations for overheads?
  5. The works was delayed due to the contractor’s slow progress and no extension of time was granted leading to the employer eventually imposing liquidated damages. Can the contractor claim for variation of price for works carried out after the original contract completion date? Would the situation be different if the contractor was entitled to an extension of time?
  6. Under what circumstances are managerial costs recoverable as part of a claim?
  7. Where a contractor / subcontractor is granted an extension of time, is there an automatic right to the recovery of loss and expense?
  8. Once it is established that additional payment is due for prolongation resulting from employer delays, should the evaluation relate to the period when the effect of the delay occurs or by reference to the overrun period at the end of the contract?

 

Lecture 3 – Contract Formation | Liabilities | Rights and Remedies

 

  1. A contractor enters into a design & build contract with an employer where the employer provided certain specifications as the basis for the contractor to develop and complete the design. The employer’s specifications are found to contain errors causing extra cost to the contractor because the contract is obliged under the contract to ensure that the plant is fit for its intended purpose. Can the additional cost incurred by the contractor due to the errors in the employer’s specification be claimed from the employer in circumstances where the contractor has an overriding responsibility for the design of the works?
  2. A subcontractor accepted and signed a letter of award but at the same time he struck out certain clauses with which he did not agree. If the main contractor received such an amended letter of award and does not object, is the contract valid? Should the main contractor reply to the subcontractor stating that he does accept the deletion of the particular clauses?
  3. Can a supplemental or settlement agreement be set aside if it can be shown that it was executed under economic duress?
  4. Does a clause in a contract which states that an employer need not prove actual loss suffered from a contractor’s delay, adequately defeat the common law position which requires the party claiming for damages to prove the actual loss suffered?
  5. Under a design and build contract, the contractor misinterpreted the employer’s requirements during tendering. The contractor’s submitted tender was nevertheless accepted and he was awarded the contract. No clarifications were sought from the employer during tender clarification meetings. Can the contractor claim: a) Additional costs for additional work due to their misinterpretation of tender documents? b) Claim for an extension of time and loss and expense resulting from the additional work?
  6. What is meant by the term “reasonably foreseeable by an experienced contractor” as is often contained in adverse physical conditions clauses?
  7. Where one party to a contract is in breach and the injured party incurs loss, what obligations are there on the injured party to mitigate the loss?
  8. Does an employer have any liability for not sending a subsoil survey which is in his possession to tendering contractors, the absence of which leads a successful contractor to significantly underprice the risk of bad ground?

 


 

SEMINAR PROGRAMME


08:30 – 09:00: Registration
09:00 – 09:50: Lecture 1
09:50 – 10:40: Lecture 2
10:40 – 11:00: Tea/Coffee
11:00 – 12:00: Lecture 3
12:00 – 12:30: Questions & Discussion
12:30 – 14:00: Lunch
14:00 – 17:00: Workshop 1
15:30 – 16:00: Tea/Coffee
16:00 – 17:30: Workshop 2
17:30: Close

 

SEMINAR FEES


S$488.00 per person, Early Bird Registration with full payment by 11 February 2019 ~ S$450 per person.

For registration of more than 10 pax, please call Fabian Lim for special rates at Tel: 65 6720 1325 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

The fee includes lunch, tea / coffee breaks and seminar notes.

 

ABOUT THE SPEAKERS

“RodneyRODNEY MARTIN
BSc, LLB(Hons), MSc, MRICS, FCIArb, FMIArb, FSIArb, FMSAdj
Rodney is the Chief Executive of the Charlton Martin Group, having previously been employed as Group Regional Director and Senior Vice President of two major contracts consultancy groups in the Asia Pacific Region. Of his 32 years of experience, 22 have been at senior level in this region. Additionally, Rodney has worked for many clients in Europe, Africa, the Middle East and India. Rodney holds dual qualifications in quantity surveying and law and as a chartered quantity surveyor is a specialist in construction contract consultancy providing professional and technical advice to clients relating to contract documentation, contractual claims, dispute avoidance and resolution. He is an accredited mediator, panel arbitrator and panel adjudicator with the Asian International Arbitration Centre and is an experienced speaker within the region. He is a Fellow of the Chartered Institute of Arbitrators as well as both the Malaysian and Singapore Institute of Arbitrators. Rodney has been appointed as Expert Witness on matters relating to quantum and has acted as lay advocate in arbitration proceedings. Rodney has also been appointed as an arbitrator, mediator, adjudicator and Dispute Adjudication Board member in Malaysia. He has lived in Kuala Lumpur since 1997.

 

“Andrew MerrileesANDREW MERRILEES
BSc, LLB (Hons), MBA, PGDip, FRICS, FCIOB, FAPM, MCIArb, AMAE, RPS (QS)
Andrew Merrilees is a Fellow of the Royal Institution of Chartered Surveyors with over 25 years’ experience on major international building and civil engineering projects in the UK, Hong Kong, Macau, Singapore, Malaysia and the Middle East. Andrew became a Practising Associate of the Academy of Experts in 2004 for the provision of expert services and holds dual qualifications in quantity surveying and law. Andrew’s dispute resolution experience includes the preparation and defence of notices of contractual claims, interim particulars and submission of full and detailed particulars under Government and private forms, for Extensions of Time and costs on behalf of contractors and employers. Andrew’s expert witness work includes assisting in the preparation of expert reports and independent opinions on quantum matters, including assisting in the preparation of expert reports to defend counterclaims. His experience also includes strategic advice and assistance in preparation for Adjudication, Mediation and Arbitration proceedings of disputes over costs and delays in contracts. Andrew is experienced in all aspects of senior contracts, claims and commercial management. He advises on contractual and commercial matters, contract strategy as well as contractual correspondence and position papers on contentious and non-contentious issues.

 

“Uma MenonUMA MENON
BEng (Hons), MSc, PGDip, FCIArb
Uma is an Associate Director of Charlton Martin Consultants Pte Ltd. She has 21 years of experience providing consultancy advice on different types of construction projects in Singapore, Asia Pacific and the Middle East. Uma’s experience covers assessment of delay, forensic planning, project management, contractual advice, defending and settlement of claims and dispute resolution. She has undergone training in UK for Witness Examination and Report Writing and been appointed to provide independent Expert opinion on disputes relating to delay. She has also assisted experts in arbitration and adjudication proceedings for highway, petrochemical and building related projects. Uma has participated in a mediation in Singapore on a dispute pertaining to delays and damages arising from fit-out works. In recognition of her skills and forte in managing contractual and programming aspects of time-related claims, she was employed by Marina Bay Sands as Manager (Delay Analysis & Contracts) for its iconic project in Singapore. She is a Fellow of the Chartered Institute of Arbitrators.

 

CHARLTON MARTIN – Construction Contracts Consultants
Michael Charlton and Rodney Martin have worked together successfully for more than two decades, the majority of which have been as Chairman and CEO of the Charlton Martin Group. The Charlton Martin Group was established in 2007 with practices in Hong Kong, Singapore and Malaysia. They bring in excess of fifty years' experience of working in Asia Pacific. The Charlton Martin Group provides services to the construction industry on contractual matters and contract administration; claims preparation; training and seminars; mediation; adjudication and arbitration services; litigation support and expert witness services.

 


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“Logo IconThe Charlton Martin Group provides construction contract consultancy services to the construction, engineering, power, process, petrochemical, oil and gas industries worldwide, dealing specifically with the many disputes and varied problems, which frequently arise.

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