It is a norm rather than an exception that most construction contracts suffer delays and prolonged completion periods resulting in claims for a time extension and prolongation costs by contractors/sub-contractors and delay damages by employers/main contractors.
It is a norm rather than an exception that most construction contracts suffer delays and prolonged completion periods
resulting in claims for a time extension and prolongation costs by contractors/sub-contractors and delay damages by
Experience has shown that such claims are poorly handled by all parties including contract administrators resulting in disputes
that then lead to adjudication, arbitration, and litigation.
For handling delay issues, most contracts do not offer any guidelines and there is also a paucity of local case law to follow. In
an attempt to offer a solution, the Society of Construction Law (SCL), UK has formulated guidelines in the form of the SCL
Delay & Disruption Protocol (“SCL Protocol”) which have been applied internationally since 2004. The Malaysian Branch of
the SCL has modified the said Protocol to suit local conditions and launched it in 2016 with the aim of offering some guidelines
to parties in the local construction industry. This Course/Workshop is intended to give an overview of the said Protocol and
its modifications to the participants.
The other troublesome area of concern has been the issue of non-completion and delay damages i.e. LAD, where the local
law seemed to give rise to uncertainty. Much to the delight of the local fraternity, the Federal Court has made a recent
judgment which is of immense importance for the local players. This will also be addressed in this Course/Workshop.
In an attempt to create awareness, this intensive Half-day Course/Workshop has been formulated to introduce the relevant
construction stakeholders/personnel to the important facets of the SCL Protocol(and its Amendments) and contemporary
case law on delay and damages.
The Course is intended to be more of a workshop involving active participation by the attendees especially during the Panel
Discussion and Q&A Sessions.
The main aim of the above course is to expose the participants to:
✓ The principal areas of concern vis-à-vis delay, prolongation and non-completion.
✓ Understand the roles and duties of the various parties/stakeholders and contract administrators vis-à-vis claims for
a time extension, prolongation costs and delay damages.
✓ The nature and extent of the applicable contract stipulations in the local standard forms of contract.
✓ Acquaint themselves with the main purposes, uses and limitations of the SCL Protocol (and its Amendments)
including application/evaluation of time, cost and LAD claims.
✓ Ensure a thorough understanding of the various means of avoiding and managing delay and its consequences
employing the SCL Protocol ( and its Amendments) plus the recent case law/developments.
Date: 28th March 2019, Thursday
Time: 8.30am – 1.00pm
Venue: Auditorium INFORMM, Penang
8.30 a.m.- 9.00 a.m. : Registration
9.00 a.m.- 9.45 a.m. : Opening Remarks
9.45 a.m.- 10.15 a.m. : Tea/Coffee Break
10.15 a.m.- 11.30 a.m. : Session 1: Introduction to the SCL Protocol (and its Amendments & Recent Developments on Delay Damages/LAD”
11.30 a.m. – 1.00 p.m. Session II: Panel Discussion and Q&A
1.00 p.m. End of Course/Workshop/Lunch
CPD POINTS HAVE BEEN APPLIED FOR /BQSM/
BoVAEA/ LJTM/ BS / PAM/ BEM
Organized By: USM, HBP Penang
Account Managed By Usains Holding Sdn Bhd
Posted By: Muhammad Nor (Usains Holding, Business Development)