PART3-KLSEM1_2015_2016 1

Department of Quantity SurveyingFaculty of Built Environment

MASTER OF SCIENCE INCONSTRUCTION CONTRACT MANAGEMENT

(PART - TIME, Part 3 – Kuala Lumpur)

LECTURE PROGRAMME Semester 1 Session 2015/2016

September 2015

MSc. CCM KL Pt.3 2015/16 (1) Semester 1 1

THE PHILOSOPHY OF THE PROGRAMME

The process of procuring construction projects are getting more complex and challenging not only because projects are getting bigger, taller and more sophisticated but more professional consultants, specialised firms and companies are also involved Increasing number of corporate and public clients are now asking for more efficient and effective management approach as well as speedier, simpler and less intricate project procurement systems and contractual arrangement. At the same time the construction industry has significantly becoming more globalised as such much procurement, legal and managerial process and procedure are now being internationalized. It has led to the increasing use of various non-traditional and international contracting systems such as Design and Build Contract, Management Contracting, Cost Reimbursable Contract, BOT Contract, Direct Investment Contract etc. that saw many changes to the legal and procedural practices and approaches. It is therefore very apt for today’s project managers and/or contract managers to be very well verse with the legal and procedural aspects of construction law and the various procurement systems.

The basic philosophy of this programme is that “a project manager or contract manager will be more adept to evaluate and select an appropriate procurement approach and managing its contractual and procedural aspects more efficiently and effectively, if he/she is very conversant with construction law and operational aspects of the various contracting systems. At the same time, he/she can be a better manager and arbitrator if he/she has a thorough knowledge about arbitration and other dispute resolution approaches.”

THE AIM OF THE PROGRAMME

The programme is designed to provide advanced education to construction and engineering professional and graduates who are seeking greater knowledge and experience in construction law and operational aspects of the various construction procurement systems and wishing to broaden their careers into the specialised field of construction contract management with emphasise on project procurement, contracting and contract management and dispute resolutions.

COURSES OFFERED BY PART 3 OF THE PROGRAMME

CODE COURSE CREDIT

MBEG 1134 Construction Contract Studies 2(Mr. Jamaludin Yaakob, Mr. Norazam Othman)

4

MBEG 1123 Alternative Dispute Resolution (ADR) & Adjudication(Assoc. Prof. Dr. Maizon Hashim, Mr. Jamaludin Yaakob)

3

MBEG 1113 Arbitration(Assoc. Prof. Dr. Maizon Hashim, Mr. Jamaludin Yaakob)

3

Total Credit 10


Course MBEG1134 – CONSTRUCTION CONTRACT STUDIES 2

Semester 3 Lecture See Lecture programme

Status CORE Tutorial/Seminar 0 hours/week

Pre-condition None Credit 4

Lecturers

Mr. Jamaludin Yaakob & Mr. Norazam Othman

Objective of the subject:

After completing this subject, the students should have a good knowledge and deep understanding on the followings:

No. Course Learning Outcomes

Programme

Outcomes

Taxonomies and

Soft-Skills

Assessment

Methods

1. Demonstrate the mastery knowledge on the legal basis of the important terms used in construction contracts;

P01 C1, C2, CTPS4

CW, FE

2. Identify and discuss critical issues relating to those important terms;

P02,P03 C3, C4, A2,A3,, CTPS5

CW, FE

3. apply the legal basis and contractual terms in giving legal opinions, drafting contractual terms, solving legal problems and settling legal disputes relating to construction contracts;

P02, P06 C3, C4, A3,C5,C6

CS4

CW, FE

4. Manage information required for lifelong learning.

P07 C4, P5, P6,A4,LL3

CW

Teaching and Learning Approach

The teaching and learning approach of this subject involve formal lectures and group discussions. Lectures and discussion will be based on modular approach. Each module will be taught by different lecturers. Refer to schedule.

Assessment

The assessment for this subject will be based on course works and final examination. The coursework will be assessed based on the written work and its presentation in the workshop or seminar organized by the programme leader.

The distribution of marks is as follows:


Method Number % Total % Total Week

Assignments 3 20 60Week 6 -

Week13

Final Examination 1 40 40 16

Total 100

LECTURE PROGRAMME:

MBEG1134 – CONSTRUCTION CONTRACT STUDIES 2

Week/ Date Lecture Outline Lecturer

1

Saturday

12.9.2015

Duties and obligations of employers and contractors under the Contract

Statutory duties; Contractual duties; Express and Implied duties.

Site Possession

Legal basis; duty of giving possession of site; risk of condition of site; level and setting out; delay in giving site possession; condition precedence to site possession and commencement of work

Site Condition

Risk of site conditions under the common law and exceptions, under standard forms, site inspection, site investigation report, differing site conditions, liability of consultants

Mr. Jamaludin Yaakob

2

Sunday

13.9.2015

Contract Administrator’s Instruction

Legal Basis; Types/forms of instruction & compliance; effects of non-compliance contractor’s right to object instructions

Performance of the work

Provisions in standard forms, time of commencement, cost, types and quality of materials and workmanship

Determination of Contract

Legal basis for termination of construction contract; determination under common law and Contract

Act 1950,contractual provisions in standard forms, conditions and procedures, effects of determination




3

Saturday

26.9.2015

Variation Order

Definition of variation, legal basis of variation orders, types of variation orders, causes of variation orders, scope or limits, variation v new work; process and procedures related to variations, contractor’s right to object; valuation of variation works

Certificates

Use of certificates in standard forms, type of certificates, format of certificates, legal effects of certificates, effects of non-issuance of certificates.

Mr. Norazam Othman

4

Sunday

27.9.2015

Payments

Legal basis; provisions in standard forms, types of payment- interim, penultimate and final payment; contractor’s right to payment; process of payment, interim certificates, set-off, remedies for delay or non-payment, summary judgment, section 182 of Companies Act 1965, CIPAA 2012

Completion of the Work

Meaning of completion and non-completion of work; certificate of practical completion; defective work and defect liability period, stage completion and partial possession, remedies for non-completion

Mr. Norazam Othman

5

Saturday

31.10.2015

Time related terms

Extension of Time: Time for completion and time as essence of contract, legal basis for extension of time, contractual provisions, relevant events

Liquidated and Ascertained Damages: legal basis for liquidated damages, liquidated damages and penalty, conditions and procedure, issues relating to requirement for proof of loss

Claim for Direct Loss &Expenses: legal basis for contractor’s claim for direct loss and expense due to employer’s breach of contract, contractual provisions, notice as condition precedent, global claims

Subcontracting

Legal basis of subcontracting, types of subcontracts, contractual provisions, standard forms of subcontracts, contractual links, incorporation of main contract terms into subcontracts, main contractor’s liability with respect to subcontractor’s and employer’s breaches of contract

Mr. Norazam Othman



6

Sunday

1.11.2015

International Contracting

Definition of international contracting, governing laws, international conventions, modus operandi, legal matters that need to be considered when venturing into international contracts, international standard forms, terms that should be included in international contracts


REFERENCES

1. John Murdoch and Will Hughes, Construction Contracts: law and management (4th ed), Taylor & Francis, Oxon, 2008,

2. Nigel Robinson, et al, Construction Law in Singapore and Malaysia (2nd ed), Malayan Law Journal, Kuala Lumpur, 1996

3. Lim Chong Fong, The Malaysian PWD Form of Construction Contract, Sweet and Maxwell Asia, Petaling Jaya, 2004

4. Sundra Rajoo, Davidson and Harban Singh, PAM 2006 Standard Form of Building Contract, Lexis Nexis, Kuala Lumpur, 2010

5. Harbans Singh KS, Engineering and Construction Contracts Management, Malayan Law Journal, Kelana Jaya, 2002

6. Harbans Singh KS, Engineering and Construction Contracts Management: pre-contract award practice (3rd ed), Lexis Nexis, Ohio, 2007

7. Harbans Singh KS, Engineering and Construction Contracts Management: law and principles, Malayan Law Journal, Selangor, 2004

8. Harbans Singh KS, Engineering and Construction Contracts Management: post-commencement practice, Lexis Nexis, Singapore, 2003


Course MBEG1113 – ARBITRATION

Semester THREE Lecture See Lecture programme

Status CORE Tutorial/Seminar 0 jam/minggu

Pre-condition None Credit 3

Lecturer in charge

Assoc. Prof. Dr. Maizon Hashim, and Mr. Jamaludin Yaakob

Learning outcome

No. Course Learning OutcomeProgrammeOutcome

Taxonomie and

Soft-Skills

Assessment

Methods

1 Demonstrate the mastery of knowledge about the principles and practice of arbitration

P01,P03 C2, P3, A2 CTPS3

Coursewok & Final Exam

2 Apply the practical skills and legal issues associated with arbitration

P02,P03 C3, P4, A2

CTPS3, CS2


3 Generate solutions to solve problem associated with construction disputes by way of critical thinking and scientific approach to arbitration

P06 C4, P5, A3,

CTPS4,LL2


Teaching and learning approach

The teaching and learning for this subject involve formal lectures, seminars, group discussions and course work. Students will be given written course works or assignments to be done either individually or in groups. The assignments will be assessed as part of the continuous assessment.

Assessment:

The assessment for this subject will be continuous and based on the course works, mock arbitration proceeding and final examination. The course works will assess based on both written work and technical presentation. The distribution of the marks is as follows:

Methods Number % Each % Total

Courseworks 3 20 60

Final Examination 1 40 40

Total Marks 100


LECTURE PROGRAMME: MBEG1113 – ARBITRATION

Week/Date Lecture Outline Lecturer

1

Saturday

19.9.2015

Introduction to Arbitration

Definition of arbitration; historical background of arbitration in Malaysia and other countries

An overview of the use of arbitration as a method of disputes settlement associated with inheritance, land acquisition, tenancy, industrial relation, international investment and other industries.

The general perspective of arbitration in the construction environment and its development

Types of arbitration

The advantages & disadvantages of arbitration as compared with litigation and other methods of dispute resolution

Comments and criticism against arbitration,

Review of the Arbitration Act 2005

Assoc. Prof. Dr. Maizon Hashim

2

Sunday

20.9.2015

Appointment of arbitrator

Under arbitration agreement, under arbitration, rules, by the court, duties, responsibilities and power of arbitrators

Cancellation of arbitrator’s power

Termination of appointment of Arbitrator

Liability of arbitrator

Arbitration Award:

Forms of award, condition of valid award, enforcement, amending, remitting and cancelling award

Setting aside award,

Cost and interest in arbitration.


3

Saturday

28.11.2015

Laws and statutes on Arbitration

The laws and statutes governing arbitration – Arbitration Acts, various institutional rules and arbitration agreement

Review of Arbitration Act 2005

Malaysian and international Institute of Arbitrators

Process and Procedure of Arbitration

Reference to arbitration: arbitration agreement – objectives, forms, contents and scope

Arbitration proceedings:

Arbitration proceedings under arbitration agreement, under institutional rules.


4

Sunday

Arbitration hearing

Preliminary hearing, discovery, pleading, expert Mr. Jamaludin Yaakob



29.11.2015witness, rules of evidence, case stated procedure

Stay of proceedings

The process, procedures and implication on the disputing parties.

International Arbitration

Definition of international arbitration, reasons for using international arbitration, governing laws, international arbitration institutions and rules, process and procedure, legal issues

5

Saturday

12.12.2015

Arbitration Clause in Construction Contracts

Analytical study of Arbitration provisions in the various standard form of construction contract – PAM2006. PWD 2010, CIDB 2000, FIDIC and any international form of contracts.


6

Sunday

13.12.2015

International Arbitration

Definition of international arbitration, reasons for using international arbitration, governing laws, international arbitration institutions and rules, process and procedure, legal issues


READING LIST

1. Sundra Rajoo & WSW Davidson (2007), The Arbitration Act 2005 – UNCITRAL Model Law as applied in Malaysia, Sweet & Maxwell Asia.

2. Sundra Rajoo (2003), Law, Practice & Procedure of Arbitration, LexisNexis

3. Sundra Rajoo (2013), The Malaysian Arbitration Act 2005 (Amended 2011)-An Annotation, LexisNexis, KLRCA

4. Vincent Powell-Smith & John Sims (1989), Construction Arbitrations – A Practical Guide, Legal Studies & Services Ltd.

5. Murdoch, J and Hughes, W (1996) Construction Contracts: Law and Management (2nd. Edition), E & FN Spon, London.

6. Sundra Rajoo & Harbans Singh K.S (2012), Construction Law in Malaysia, Sweet & Maxwell Asia

7. Peter Hibberd & Paul Newman ( 1999), ADR and Adjudication in Construction Disputes , Blackwell Science Ltd., London

8. Arbitration Act 2005

Course MBEG1123 – ALTERNATIVE DISPUTE RESOLUTION AND ADJUDICATION

Semester THREE Lecture See Lecture


programme

Status CORE Tutorial/Seminar 0 jam/minggu

Pre-requisite None Credit 3

Teaching Team

Assoc. Prof. Dr. Maizon Hashim & Mr. Jamaludin Yaakob

Learning Outcome

After completing this subject, the students should be able to:

No. Course Learning OutcomesProgramm

e Outcomes

Taxonomies and

Soft-Skills

Assessment Methods

1 Demonstrate the mastery of knowledge on concept and legal principles of alternative dispute resolution

PO1 C3, P4, A3

CTPS3

Courseworks and final exam

2 Apply practical skills on the various mode of dispute resolution and relate ideas and societal issues in the dynamic construction environment

P02, P03 C4, P4, A3

CTPS3,CS2,


3 Generate the ability to solve problems relating to construct disputes using scientific and critical thinking skills

P05,P06 C5, P5, A4,

CTPS4, LL2


Teaching and learning approach

The teaching and learning for this subject involve formal lectures, seminars, group discussions and course work. Students will be given written course works or assignments to be done either individually or in groups. The assignments will be assessed as part of the continuous assessment.

Assessment

The assessment for this subject will be continuous and based on the course works and final examination. The course works will assess based on both written work and technical presentation. The distribution of the marks is as follows:

Methods Number % Each % Total

Courseworks 3 20 60

Final Examination 1 40 40

Total Marks 100


Lecture Programme:

MBEG1123 – ALTERNATIVE DISPUTE RESOLUTION AND ADJUDICATION


1

Saturday

3.10.2015

Introduction to Disputes in Construction Works:

Construction disputes, definition, nature, causes and implication on the project and the contracting parties and the project teams

Review of the various methods of dispute resolution – the historical background, concept, evolution and development from various perspectives

Introduction to ADR:

Alternative dispute Resolution (ADR) - its definition, scope and delimitation, processes, its application - facilitative, advisory and determinative, the merit and demerit of ADR against litigation.

ADR outside the litigation system - in the community, children and young people, neighbourhood disputes, public policy disputes, healthcare, business sector, industry-based schemes and legal aid schemes


2

Sunday

4.10.2015

Adjudication

Concept, features and historical development, adjudication process and procedure

Adjudication legislation

Adjudication decision (award); enforcement of adjudicator’s decision,

Construction Industry Payment and Adjudication Act (CIPAA)

The concept, the historical background and development

Operation of security of payment rules,


3

Saturday

24.10.2015

Appointment of adjudicator,

The process and procedure

The adjudicator' costs and the liability of adjudicator

The conduct of the adjudication, decision and enforcement of the decision,

Setting aside the adjudicator’s decision.




4

Sunday

25.10.2015

Future trends of ADR and other methods of dispute settlement

International Dispute Resolution


5

Saturday

14.11.2015

Litigation (Civil Procedure)

Types of civil actions, the Courts System and jurisdictions

Litigation (Civil Procedure)

Initial Stage: course of action, writs, appearance, joinder, third party

Pre-Trial Stage: proceedings, pleadings, discovery, summons for directions, interrogatories, admission, interlocutory applications, summons in chambers, full trial and hearings, witnesses, expert witness.

Trial Stages: hearing, witnesses, expert witnesses, evidence.

Judgement: Summary judgment, judgment in default, enforcement of Judgment, appeal

ADR in the construction industry

The practical and legal concerns in using ADR to settle construction disputes against the background of the nature and characteristic of the construction industry – fragmented and adversarial in nature

Review of the provisions on dispute resolution contain in the various forms of construction contract for different methods of procurement – the legal and administrative practicality, limitation and constraint


6

Sunday

15.11.2015

Mediation and conciliation

The concept, features, conditions, legal requirements and procedures, institutional rules, settlement agreement and enforcement

Dispute review board

The concept, features, conditions, legal requirements and procedures, institutional rules, settlement agreement and enforcement

Other forms of ADR

The mini-trial, mediation-arbitration (Med-Arb),

Rent-a-judge and other ADR techniques



Reading List

1. Peter Hibberd & Paul Newman (1999), ADR and Adjudication in construction Disputes, Blackwell Science Ltd. UK

2. Derek Simmonds (2003), Statutory Adjudication – A Practical Guide, Blackwell publishing, UK

3. Sourdin, Tania (2005), Alternative Dispute Resolution (2nd Edition), Thomson Lawbook Co. NSW

4. John Tackaberry, Leila Anglade, Victoria Bui (2004), International Dispute Resolution Vol.2, Sweet & Maxwell, London

5. Brooker, Penny, Wilkinson, Suzanne (2010), Mediation in the construction industry: An International Review, Spon Press

6. Richbell, David (2008), Mediation of Construction Disputes, Blackwell Publishing, UK

7. Sundra Rajoo & Harbans Singh K.S (2012), Construction Law in Malaysia, Sweet & Maxwell Asia

8. Murdoch, J and Hughes (1996) Construction Contracts: Law and Management (2nd. Edition), E & FN Spon, London.

9. Construction Industry Payment & Adjudication Act 2012

MSc. IN CONSTRUCTION CONTRACT MANAGEMENT PROGRAMME


COURSES OFFERED (FOR PART-TIME/PERSISIR) PROGRAMME IN SEMESTER 1 - 2015/2016

PART 1

Code Courses Credit

MBEG1014

Construction Project Management 4

MBEG1033

Construction Contract Studies 1 3

MBEG1043

Law of Contract, Tort, Agency & Sales of Goods 3

MBEG1063

Construction Environment ** 3

TOTAL CREDIT 10

PART 3

Code Courses Credit

MBEG1134

Construction Contract Studies 2 4

MBEG1113

Arbitration 3

MBEG1123

Alternative Dispute Resolution & Adjudication 3

TOTAL CREDIT 10

PART 4

Code Courses Credit

MBG2415 Master Project (Dissertation) 5

TOTAL CREDIT 5

UNIVERSITY SUBJECTS (offered every semester)

Code Courses Credit

UHEP6013 Seminar on Development and Global Issues)* 3

UHEW6023

Philosophy of Science and Social Development* 3

TOTAL CREDIT 3

** Students with LLb may register for MBEG 1063 in lieu of MBEG 1043.

* Students are required to take only ONE of these TWO university subjects at anytime during the duration of the programme.


M.Sc. IN CONSTRUCTION CONTRACT MANAGEMENT

EXAMINATION TIMETABLE FOR PART-TIME/PERSISIR PROGRAMME KUALA LUMPUR CENTRE – PART 3

SEMESTER 1 SESSION 2015/2016

Date/time Courses Invigilator

Sunday

27 December 2015

9.00am– 12.00 noon

MBEG1113

ArbitrationAssoc. Prof. Dr. Maizon Hashim

Sunday

3 January 2016

9.00am– 12.00 noon

MBEG1123

Alternative Dispute Resolution and Adjudication


Sunday

10 January 2016

9.00am– 12.00 noon

MBEG1134

Construction Contract Studies 2Assoc. Prof. Dr. Maizon Hashim


Documents

PART3-KLSEM1_2015_2016 1