A Charlton Martin Seminar PWD 203A Form of Contract (Revision...

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Tuesday, 10 March 2015 8.30 am to 5.00 pm Prince Hotel, Jalan Conlay, Kuala Lumpur (Prince 1, Level 3) A Charlton Martin Seminar the benefits... Anyone exposed to the risks, liabilities, obligations, contract administration requirements and dispute resolution procedures under the new PWD 203A Form of Contract. who should attend... CPD Credit Points... This seminar qualifies to meet the CPD requirements of the Construction Industry Development Board, Board of Quantity Surveyors Malaysia, Board of Architects Malaysia, Board of Engineers Malaysia and international professions. A Certificate of Attendance will be issued. what participants have said about Charlton Martin Seminars… Comprehensive seminar materialThe Q & A sessions and case studies during the workshop were very practical and related to my workThe content and language used by the speakers was easy to understand and straight forwardSpeakers interacted well with the participantsPractical knowledge that helps in my daily workPractical Guidance for contract administration Detailed Explanation for difficult problem areas Speakers Who Are Experienced construction industry practitioners Comprehensive User Manual provided (excellent for future reference) Comparison With PWD 203A (Rev. 10/83) (the old form) Key changes in Risk Allocation explained HRDF Claimable PWD 203A Form of Contract (Revision 2010) A User’s Manual

Transcript of A Charlton Martin Seminar PWD 203A Form of Contract (Revision...

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Tuesday, 10 March 2015 • 8.30 am to 5.00 pmPrince Hotel, Jalan Conlay, Kuala Lumpur (Prince 1, Level 3)

A Charlton Martin Seminar

the benefits...

Anyone exposed to the risks, liabilities, obligations, contract administration requirementsand dispute resolution procedures under the new PWD 203A Form of Contract.

who should attend...

CPD Credit Points...This seminar qualifies to meet the CPD requirements of the Construction Industry Development Board,

Board of Quantity Surveyors Malaysia, Board of Architects Malaysia,Board of Engineers Malaysia and international professions.

A Certificate of Attendance will be issued.

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”

Practical Guidance for contract administrationDetailed Explanation for difficult problem areas

Speakers Who Are Experienced construction industry practitionersComprehensive User Manual provided (excellent for future reference)

Comparison With PWD 203A (Rev. 10/83) (the old form)Key changes in Risk Allocation explained

HRDF

Claimable

PWD 203AForm of Contract(Revision 2010)A User’s Manual

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seminar contents...PWD 203A Form of Contract (Revision 2010) - A User’s ManualSession 1 – The Ground Rules (Setting the Scene for Contract Administration)

Clause 1.0 Definitions and InterpretationClause 6.0 Scope of ContractClause 7.0 Contract SumClause 8.0 Contract DocumentsClause 3.0 The S.O. and S.O.’s RepresentativeClause 4.0 S.O.’s Right to Take ActionClause 5.0 S.O.’s InstructionsClause 32.0 Effect of S.O.’s CertificatesClause 13.0 Performance Bond / Performance Guarantee SumClause 65.0 Arbitration

Clause 9.0 Representations, Warranties and Undertakings of the ContractorClause 10.0 Obligations of the ContractorClause 11.0 Inspection of SiteClause 19.0 Setting OutClause 21.0 Compliance with the LawClause 58.0 Site Agent and AssistantsClause 74.0 Epidemics and Medical AttendanceClause 75.0 Technology TransferClause 76.0 General Duties and Performance StandardClause 77.0 Restriction and Procedure on Use of Imported Materials and Goods

Session 2 – Contractor’s Obligations (What the Contractor Needs to Know)

Session 3 – Issues Relating to Time and Defects (How to Deal with LADs and Other Deductions)Clause 38.0 Possession of SiteClause 39.0 Completion of WorksClause 40.0 Damages for Non-CompletionClause 41.0 Sectional CompletionClause 42.0 Partial Occupation/Taking Over by GovernmentClause 43.0 Delay and Extension of TimeClause 50.0 Suspension of WorksClause 45.0 Investigation by the Government and Other Persons in Case of Accident, Failure or Other EventClause 48.0 Defects after CompletionClause 49.0 Unfulfilled Obligations

Session 4 – Payment Compensation and Sub-Contracting (Getting Paid and How to Claim / Managing Sub-Contractors)

Clause 28.0 Payment to Contractor and Interim CertificatesClause 29.0 Adjustment of Contract SumClause 30.0 Fluctuation of PriceClause 31.0 Final Account and Payment CertificateClause 33.0 Deduction from Money Due to ContractorClause 34.0 Prime Cost / Provisional SumsClause 44.0 Claims for Loss and ExpenseClause 47.0 Sub-Contract or AssignmentClause 59.0 Nominated Sub-Contractors and /or Nominated SuppliersClause 60.0 Payment to Nominated or Sub-Contractor or SupplierClause 61.0 No Liability of Government to Nominated and / or Sub-Contractor or SuppliersClause 62.0 Responsibilities of Contractor to Nominated and / or Sub-Contractor or Suppliers

Session 5 – Variations and Termination (Rights and Obligations Concerning Variations / Understanding Your Rights on Termination)

Clause 24.0 VariationsClause 25.0 Valuation of VariationClause 26.0 Bill of QuantitiesClause 27.0 Measurement of WorksClause 51.0 Events and Consequences of Default by the ContractorClause 52.0 Termination on National InterestClause 53.0 Termination on CorruptionClause 54.0 Payments upon TerminationClause 55.0 Certificate of Termination CostsClause 56.0 Surviving Rights

Session 6 – Indemnities, Insurance, Materials, Plant and Design (Key Issues Explained)Clause 14.0 Indemnity in Respect of Personal Injuries and Damage to PropertyClause 15.0 Insurance against Personal Injuries and Damage to PropertyClause 16.0 Indemnities to Government in Respect of Claims by WorkmenClause 17.0 Employee’s Social Security Act, 1969Clause 18.0 Insurance of WorksClause 20.0 Unfixed Materials and GoodsClause 37.0 Constructional Plant, Equipment, Vehicles and MachineriesClause 22.0 DesignClause 35.0 Materials, Goods and WorkmanshipClause 36.0 Inspection and Testing of Materials, Goods and EquipmentClause 23.0 Employment of Workmen

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For further information in regard to the Malaysia practice, please contact Rodney Martin, Managing Director of Charlton Martin Consultants Sdn Bhd in Kuala Lumpur, Tel: 603 2287 5175 or email [email protected]. Visit our website: www.charltonmartin.com

about the speaker...

Michael Charlton and Rodney Martin have worked together successfully for the past 17 years, the

last 7 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 almost fifty years experience of working in the Asia Pacific and Australian regions. 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 and representation; litigation support and expert witness services.

CHARLTON MARTIN – Construction Contracts Consultants

RODNEY 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. Rodney has over 28 years of

experience as a quantity surveyor in the construction industry and has lived and

worked in Kuala Lumpur for the last 18 years. He has worked for many clients in the

Asia Pacific Region, 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 Kuala Lumpur Regional Centre for Arbitration (KLRCA). He is a

Fellow of both the Chartered Institute of Arbitrators and the Malaysian 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 and CIPAA adjudicator in Malaysia.

John Wong BSc(Hons), LLB (Hons) Dip. Int. Arb. FCIArb FMSAdj MRISM Reg.QS

John is a Director of Charlton Martin Consultants Sdn Bhd. John holds dual

qualifications in quantity surveying and law; a Certificate in Adjudication and a

Diploma in International Arbitration. John is a Fellow of the Chartered Institute of

Arbitrators, a Fellow of the Malaysia Society of Adjudicators, a Member of The Royal

Institution of Surveyors Malaysia, a Registered Quantity Surveyor with the Board of

Quantity Surveyors Malaysia. John has over 18 years of experience in the construction

industry specialising in construction contracts/claims consultancy including providing

contractual advice; contract management and administration; preparing as well as

assessing loss and expense claims and extension of time claims; and acting as an

expert witness in arbitration proceedings. John’s past experience included

representing parties in arbitrations. John is an experienced construction claims

seminar speaker in Malaysia. Apart from Malaysia, John has experience in preparing

construction claims for projects in Brunei, Singapore, Indonesia, Thailand, Philippines,

Shanghai, Mexico, Algeria and the Middle East.

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terms & conditions

registration form...

Charlton Martin Consultants Sdn Bhd (781865-X) • A-10-3 Northpoint Mid Valley, No. 1 Medan Syed Putra Utara, 59200 Kuala Lumpur, MalaysiaTel: +603-2287 5175 • Fax: +603-2287 5176 • [email protected] • www.charltonmartin.com

Company:

Address:

Authorised/Contact person:

Designation:

Email:

Tel:

Fax:

PAYMENT DETAILS Payment can be made either by cheque or direct bank-in to our HSBC account.

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Enclosed is cheque number ___________________________________for RM___________________________________.Cheques should be crossed “A/C Payee only” and made payable to CHARLTON MARTIN CONSULTANTS SDN BHD

Please mail payment to: Charlton Martin Consultants Sdn BhdA-10-3 Northpoint Mid ValleyNo. 1 Medan Syed Putra Utara59200 Kuala Lumpur

Direct Bank-in to HSBC Bank Account No. 203-300520-102Payable to CHARLTON MARTIN CONSULTANTS SDN BHDNote: • For outstation cheque, please add bank commission.

• For EFT payment, please add transaction charges.• For online transaction, please bear respective bank charges.

1 – 3 participants ~ RM1,150 per person • 4 – 10 participants ~ RM1,050 per personThe fee includes lunch, tea / coffee breaks and seminar material

For registration of more than 10 pax, please call for special ratesEsther Ooi / Sharifah Puteri at Tel: 603 2287 5175 or e mail [email protected]

No. of registrants:

1-3 participants:

4-10 participants:

Others:

RM1,150

RM1,050

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xCompany’s Stamp & Authorised Signature

Registration is confirmed upon receipt of registration form and full paymentis required before commencement of the seminar.

A substitute is welcome in the event the registrants are unable to attend. Refunds less 20% administrative charge will be made for all cancellations received in writing no later than 10 working days prior to the date of seminar.

It may be necessary for reasons beyond our control to change the date or venue or cancel the seminar. A full refund will be issued should the seminar be cancelled due to any unforeseen circumstances.

Upon signing this form,you are deemed to have read and understood our registration policy and accepted the terms above.

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Tuesday, 10 March 2015 • 8.30 am to 5.00 pmPrince Hotel, Jalan Conlay, Kuala Lumpur (Prince 1, Level 3)

Early Bird Registration with full payment by 10 February 2015 ~ RM1,000 per person

PWD 203A Form of Contract (Revision 2010) - A User’s Manual

seminarprogramme

Registration

Session 1

Session 2

Tea/Coffee

Session 3

Questions &Discussion

Lunch

Session 4

Session 5

Tea/Coffee

Session 6

Questions &Discussion

Close

08:30 – 09:00

09:00 – 09:55

09:55 – 10:45

10:45 – 11:00

11:00 – 12:00

12:00 – 12:30

12:30 – 14:00

14:00 – 14:45

14:45 – 15:30

15:30 – 15:45

15:45– 16:30

16:30 – 17:00

17:00