Another 25 Questions Answered! (with Workshops)

Another 25 Questions Answered! (with Workshops)

On May 22, 2019

At Parkroyal Beach Road

singapore@charltonmartin.com


 

Another 25 Questions Answered!

 

 

The benefits

 

Who should attend

 

What participants have said about Charlton Martin Seminars

 

CPD Credit Points

 

 

SEMINAR CONTENT

 


Lecture 1 – Payment, Loss and Expense, Additional Costs

 

  1. Is it possible to include in a contract a daily or weekly rate which will be paid to the contractor in respect of loss and expense or additional cost resulting from delays caused by the employer?
  2. Can an architect / engineer sign a daywork sheet and then refuse to certify the sums involved for payment and are quantity surveyors entitled to reduce the hours included on a signed daywork sheet if they consider them unreasonable or excessive?
  3. Will a claim for an extension of time and the recovery of loss and expense which does not precisely detail the period of delay and the amount claimed in respect of each claim matter causing delay (i.e. a failure to link cause and effect), sometimes referred to as a global claim, fail?
  4. Is a contractor / subcontractor entitled to be paid where he has a genuine claims entitlement which is not denied in principle, but is rejected due to lack of details leaving the contractor / subcontractor to levy a claim on a global basis?
  5. Where a contractor or subcontractor submits a quotation for extra work which is accepted, is the accepted quotation deemed to include for any resultant delay costs?
  6. Where a contractor / subcontractor’s drawings are “approved”, “checked”, “inspected”, etc by the architect / engineer and subsequently an error is discovered, who bears the cost, the contractor / subcontractor or employer? If the employer bears the cost can he recover the sum involved from the architect / engineer?
  7. Where the main contractor issues a cheque for payment to its subcontractor, and then subsequently decides to stop the cheque due to alleged defective works, what rights does the subcontractor have?
  8. Can a contractor / subcontractor claim finance charges when the loss and expense was funded not by bank borrowings, but by its own or parent company reserves? Should such calculation be simple or compound interest?
  9. Is a contractor / subcontractor entitled to claim interest due to under certification or late payment by the employer / main contractor?

 

Lecture 2 – Tenders, Letter of Intent, Rights & Remedies

 

  1. An employer invites a contractor to tender for a construction contract on a lump sum basis. However the drawings provided, when the tender was called, were incomplete and the contractor was expected to produce details within a limited time in order to submit an accurate and detailed price. What would be the contractor’s options under these circumstances?
  2. If a tender which contains an error is accepted in full knowledge of the error, has the tenderer any redress?
  3. If after tenders have been received the employer decides not to proceed with the work, are there any circumstances under which the contractor or subcontractor can recover the cost of tendering?
  4. Where a contractor / subcontractor whose tender is successful receives a letter of intent, is the contractor / subcontractor at risk in commencing work or ordering materials or design if the project is abandoned before a contract is signed? Would there be an entitlement to payment?
  5. What in practical terms is a duty to mitigate?
  6. Where information concerning ground conditions is provided by the employer for information only and ultimately proves to be incorrect, what remedies does a contractor have?
  7. Where is the line to be drawn between an architect / engineer’s duty to design the works or a system and a contractor or subcontractor’s obligation to produce working shop or installation drawings?
  8. Who is responsible for co-ordinating design? Can a main contractor be legitimately given this responsibility, even though he has no design responsibility?
  9. Will a letter acknowledging receipt of an instruction but then simply stating that “the time and cost implications will be submitted in due course” constitute a proper notice of claim?

 

Lecture 3 – Delays and Delay Analysis, Programme, Extension of Time, Completion

 

  1. Where a contractor submits a programme which is approved or accepted by the architect / engineer, is he obliged to follow it or can he amend it at his own discretion?
  2. If a subcontractor is falling behind programme and in danger of completing late because of his own inefficiencies, can the contractor bring other labour onto the site to supplement the subcontractor’s efforts, to ensure completion on time?
  3. If a delay in the early part of a contract caused by the architect / engineer pushes work carried out later in the contract into a rainy season causing further delay, can the contractor/ subcontractor claim loss and expense resulting from the rainy season?
  4. When preparing a claim for prolongation costs, what is the correct period to calculate the costs incurred?
  5. How should the terms “completion”, “substantial completion” and “practical completion” be defined?
  6. To what extent is the contractor's entitlement to prolongation cost affected if work is delayed concurrently by two events, one of which is the employer's responsibility, the other being the contractor's fault or neutral event?
  7. Where delays to completion of the works have occurred and disputes arise as to the appropriate extension of time which should be granted, is the employment of a computer-based critical path analysis essential to establish the true entitlement?

 


 

SEMINAR PROGRAMME


08:30 – 09:00: Registration
09:00 – 09:50: Lecture 1
09:50 – 10:40: Lecture 2
10:40 – 11:10: Tea/Coffee
11:10 – 12:00: Lecture 3
12:00 – 12:30: Questions & Discussion
12:30 – 14:00: Lunch
14:00 – 15:30: 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 22 April 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 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.