Engineering & Construction Contracts

A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES
6 & 7 MARCH 2023
VENUE TBA
TRAINING PROGRAMME NO.: 1000129399
* Inclusive of printed material,
Signature IK Laptop Bag, IK T-
shirt, IK Pen and IK notepad

WHAT YOU WILL LEARN IN THIS COURSE:

• Dealing with claims and at times disputes is part and parcel of projects in the engineering and
construction industries.
• It is therefore important for those involved in such projects to be familiar with the finer points in
selecting contract forms, preparing, appraising, negotiating contracts including resolving claims and
disputes that they often face during the project.
• Given this complexity, this course is intended to provide a comprehensive insight into the key
elements of construction contract law relevant to the formation of the contract formation and its
application through the contract performance.
• The course modules will be divided into three main areas: the areas of law and contract, the areas of
procurement and risk allocation and finally the area of contract performance and claims.
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

TRAIN INSANE,
OR REMAIN THE SAME.
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

COURSE INTRODUCTION

• Dealing with claims and at times disputes is part and parcel of projects in the engineering and
construction industries.
• It is therefore important for those involved in such projects to be familiar with the finer points in
selecting contract forms, preparing, appraising, negotiating contracts including resolving claims
and disputes that they often face during the project.
• Given this complexity, this course is intended to provide a comprehensive insight into the key
elements of construction contract law relevant to the formation of the contract formation and its
application through the contract performance.
• The course modules will be divided into three main areas: the areas of law and contract, the areas
of procurement and risk allocation and finally the area of contract performance and claims.
• There will be practical workshops for participants to have first-hand experience in identifying
risks and procurement selection. Also workshops on dealing with claims and disputes using real
life case studies.

COURSE OBJECTIVES

• Understand the relevant contract law and construction law principles.

• Understand the risk allocation of the various procurement contract models
• Appreciate why parties choose the EPC and Design & Build contract model for fast track large
complex projects
• Acquire the skill set to identify the key risks in EPC and Design & Building contracts
• Obtain the ability to better manage the key contract terms and clauses during the performance of
the project
• Sharpen the skill set in dealing with claims and disputes that may arise

COURSE HIGHLIGHTS

• Identifying key areas of concern often overlooked in Engineering and Construction contracts
selection process
• Workshop for Hand on opportunities to identify risks and discuss with group
• Enhancing skill set in selecting procurement and choice of contracts
• Acquiring ability to better manage key areas of contract risks
• Gain skill set of art of negotiation
• Case studies dealing with specific issues and opportunities for participants to test own knowledge
and skill sets when dealing with matters

WHO SHOULD ATTEND

• Project Directors
• Project Managers, Engineering Managers and Construction Managers
• Commercial Managers, Contract Managers, Contract Engineers
• Project Controls and Planning Engineers
• Quantity Surveyors, Costs Engineers, Cost Consultants
• In-House Legal Counsels and Legal Professionals in the Construction and engineering industry
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

DAY 1

Session 1:
• Outline of legal frameworks and laws
• Difference between common law and civil law jurisdictions approaches to Engineering and
Construction contracts.

Session 2:
• Various Procurement methods and risk allocation
• Peculiarities and reasons for Engineering and Construction contracts – common issues when risks
surface
• Project Risks:
o Macro-economic risks: Forex, inflation, interest rates, material fluctuation etc.
o Political risks: legislation changes, regulation changes, by-law changes, changes in rules
etc.
• Negotiation and Selection of type of procurement routes and contracts

Workshop 1:
Case Study: Identifying risks and selecting procurement choice

Lunch

Session 3:
• Understanding of Key contract terms
• Variation of Contract (Terms) vs Variation of Works
• Dealing with breach of contract terms and remedies

Session 4:
Workshop 2: Case Study: Identifying contract risks and breaches

Wrap up of day 1 and preparation for Day 2 case studies

Q&A
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

DAY 2

Session 5:
• Outline of various Contract Administration powers, roles and issues
• Key areas of concern for Engineering and Construction contracts
• Claims for Payment and remedies

Session 6:
• Types of claims in Engineering and Construction contracts
• Difference between claims due to Changes/Variations vs Claims due to Breach
• Preparing and handling various claims
• Change management and Claims management

Workshop 3:
Identifying and discussion on key areas from Case Study

Lunch

Session 7:
• Claims for Time delays
• Claims for Liquidated Damages and defences
• Claims for Extension of Time (EOT) and Defences
• Claims for Acceleration

Session 8:
• Claims for Loss-and-Expenses and Damages
• Preparation for claims and defences
• Claims: appraisal, documentation, checklists, dispute settlement

Workshop 3:
Identifying solutions to key areas of disputes from Case Study

Suggested ways to avoid disputes

Q&A
Feedback
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

TENTATIVE SCHEDULE

*Training schedule is tentative and may be subject to change.

DAY 1

Time Schedule Outline

Session 1:
9.00 am – 10.30 am • Outline of legal frameworks and laws
• Difference between common law and civil law jurisdictions
approaches to Engineering and Construction contracts.

10.30 am – 10.45 am Tea Break

Session 2:
10.45 am – 1.00 pm • Various Procurement methods and risk allocation
• Peculiarities and reasons for Engineering and Construction
contracts – common issues when risks surface
• Project Risks:
o Macro-economic risks: Forex, inflation, interest
rates, material fluctuation etc.
o Political risks: legislation changes, regulation
changes, by-law changes, changes in rules etc.
• Negotiation and Selection of type of procurement routes
and contracts

Workshop 1:
Case Study: Identifying risks and selecting procurement choice

1.00 pm – 2.00 pm Lunch

2.00 pm – 3.30 pm Session 3:

• Understanding of Key contract terms
• Variation of Contract (Terms) vs Variation of Works
• Dealing with breach of contract terms and remedies

3.30 pm – 3.45 pm Tea Break

3.45 pm – 5.00 pm Session 4:

Workshop 2: Case Study: Identifying contract risks and breaches

Wrap up of day 1 and preparation for Day 2 case studies

Q&A
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

DAY 2

Time Schedule Outline

Session 5:
9.00 am – 10.30 am • Outline of various Contract Administration powers, roles
and issues
• Key areas of concern for Engineering and Construction
contracts
• Claims for Payment and remedies

10.30 am – 10.45 am Tea Break

Session 6:
10.45 am – 1.00 pm • Types of claims in Engineering and Construction contracts
• Difference between claims due to Changes/Variations vs
Claims due to Breach
• Preparing and handling various claims
• Change management and Claims management

Workshop 3:
Identifying and discussion on key areas from Case Study
1.00 pm – 2.00 pm Lunch
Session 7:
2.00 pm – 3.30 pm • Claims for Time delays
• Claims for Liquidated Damages and defences
• Claims for Extension of Time (EOT) and Defences
• Claims for Acceleration

3.30 pm – 3.45 pm Tea Break

3.45 pm – 5.00 pm Session 8:

• Claims for Loss-and-Expenses and Damages
• Preparation for claims and defences
• Claims: appraisal, documentation, checklists, dispute
settlement

Workshop 3:
Identifying solutions to key areas of disputes from Case Study

Suggested ways to avoid disputes

Q&A
Feedback
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES

OUR CONSULTANT

ANAND ANTHONY
LLM London, LLB (Hons) London, MSc ICM NTU Spore, B.Eng NUSpore
MCIArb, MSIArb, MACostE, MSocPM, MAACE, ICIOB, MSIB, MCABE
Expert in Forensic Planning (Delay, Disruption, Production, Acceleration)
Expert in Cost Engineering (Quantum of Costs, Prolongation, Loss, Expense)
Expert in Production Analysis (Productivity capacity, Optimum manpower)
Expert in Building Surveying as Building Surveyor/Engineer (Defects, Damages)
Chartered Building Engineer (UK/CABE), Mediator (UK/RICS), Adjudicator (Malaysia/KLRCA)

• CONSTRUCTION CONTRACTS CONSULTANT experienced in the provision of commercial and contractual

advice to local and international contractors in the engineering and construction industries
• QUANTUM AND DELAY EXPERT; since 1997, having done expert and independent reports for numerous
clients and lawyers.
• He has over 26 years PQE experience in the construction and engineering industry.
• He practices as a Cost Engineer and Project Manager; holding posts such as Project Director, Project
Manager, Construction Manager, Contracts Manager and Commercial Manager with the various
companies he has worked with and for.
• He also testifies as a Delay Expert (Forensic Planner) and Quantum Expert (Cost Engineer) at the
Singapore High Court, various Adjudication matters, various Arbitral Tribunals (both domestic and
international arbitrations in the region); after submission of his reports.
• He also provides contract advice, claims preparation, arbitration and expert witness support on marine,
oil & gas, offshore structures, commercial, residential, road, railway, airport, industrial, process and
power plant projects in Singapore and the region.
• Senior Consultant (Engineering and Construction) in the areas of Project Management, Commercial
Contracts Management, Commercial Claims Management, Construction Management; work areas
include – FPSO, FSO, LNG, marine, off-shore, building, civil, oil & gas, petro-chemical, infra-structure,
road etc.
• Contracts handled include: NEC, FIDIC, JCT, ICE, SIA, PSSCOC, AIA (A201), EJCDC etc
• Countries: Singapore, Malaysia, Indonesia, Vietnam, China, India, Saudi Arabia, Japan, Turkey, Hong
Kong, Oman, Mongolia.
• Languages: English (fluent), Malay (fluent), German (intermediate), Chinese (basic), Tamil (basic),
Japanese (basic).
 ENGINEERING & CONSTUCTION CONTRACTS
A COMPREHENSIVE INSIGHT INTO AVOIDING, DEFENDING AND PREPARING CLAIMS & DISPUTES
6 & 7 MARCH 2023

Faezah
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