20 February 2020 (Thursday)

Time :

Venue :

8.30 AM - 5.00 PM

Balmoral Hall, Level 5Royal Plaza on Scotts

Common Design & Build Questions (with Workshops)

Detailed Explanation for difficult problem areasSpeakers Who Are Experienced construction industry practitionersComprehensive Course Material (Comprehensive Seminar Notes)Reference to Singapore Standard Forms of Contract

The benefits

Anyone involved in the administration of construction contracts including Architects, Engineers, Quantity Surveyors, Contractors, Subcontractors, Principals, Lawyers, Government Bodies, Employers, Consultants, Project Managers, Suppliers,Planners / Schedulers.

Who should attend

“Comprehensive seminar material”“The Q & A sessions and case studies during the workshops 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”

What participants have said about Charlton Martin Seminars

This seminar qualifies to meet the PDU / CPD requirements of Singapore and international professions.A certificate of attendance will be issued.

CPD Credit Points

a) Additional costs for additional work due to their misinterpretation of tender documents?

b) Claim for an extension of time and loss and expense resulting from the additional work?

a) Are minutes of site meetings considered to be adequate notices of delay?

b) Will an email or WhatsApp messages su�ce?

a) Are there any circumstances where the ‘Without Prejudice’ safety net could fail and does it apply to other dispute resolution processes, such as statutory adjudication?

b) What is the di�erence between 'Without Prejudice' and 'Litigation Privilege', if any?

Design Liability

Contract Price

Payment

Variations

Claims

Completion

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What are the basic principles of design & build procurement?

What is the di�erence between an obligation to design with reasonable skill and care and an undertaking to provide a warranty for �tness for purpose?

An employer may engage a design team pre-contract to prepare an Employer’s Requirements. If the employer decides to maintain the same design consultants post-contract, an available choice for the employer under a design & build contracting is to novate the retained designers to the contractor.

What are the advantages and disadvantages of novation and in practice, is this a good idea?

Where a design consultant is novated from the employer to the contractor, can the contractor recover from the consultant loss su�ered due to the consultant’s pre-contract design errors which occurred during the consultant’s employment with the employer?

Does a contractor have an implied duty to warn of defective pre-contract design works, for which the contractor is not responsible? Where the contractor builds according to the engineer’s design without raising any queries on the design and as a result the completed works have to be demolished and rebuilt due to the defective design, is the employer obliged to pay for the completed yet defective works?

Are there any circumstances under which a contractor/subcontractor could bring an action for the recovery of damages against an architect/engineer for negligence?

Where there is a con�ict between the Employer’s Requirements and Contractor’s Proposals, which takes precedence? If there is any resultant additional cost, who pays, the employer or contractor?

Where an item of work has been properly provided for in the Employer’s Requirements but is missing from the Contractor’s Proposals, can the contractor claim extra payment for doing the work, on the grounds that it was never included in the contract price?

As a result of value engineering applied by a design and build contractor, the subcontractor’s scope of work and subcontract sum were reduced considerably. Can the subcontractor claim for loss of pro�t as a result of this change?

Is the Contractor entitled to payment for design in full when the design work has been completed or should payment for design costs be spread over the value of work as and when it is carried out?

What are “variations” under the standard forms of design and build contracts in Singapore?

Prior to issuing instructions for variations, can an employer request for estimates from a design and build contractor? Is the contractor obliged to provide such estimates?

Where a design and build contractor makes changes to his design which do not alter the Employer’s Requirements, but reduce the cost of construction to the contractor, is the employer entitled to issue a variation to recover the saving?

The absence of a subsoil survey from the tender documents, but which was eventually found to be in the employer’s possession pre-tender, has led to the successful design and build contractor signi�cantly under-pricing the risk of bad ground conditions. Is the employer liable and does the fact that the employer initially presented incomplete data give rise to a variation?

Under a design and build contract, the contractor misinterpreted the employer’s requirements during tendering. The contractor’s submitted tender was nevertheless accepted and he was awarded the contract. No clari�cations were sought from the employer during tender clari�cation meetings. Can the contractor claim:

Where a design and build contract requires notices to be in writing,

When an architect/engineer is considering a contractor’s application for an extension of time, can he reduce the period to which the contractor is entitled to re�ect time saved by work omitted?

If a main contractor failed to complete the job within the agreed period, is it possible for the employer to take over the project and appoint a third party contractor to �nish the job without going as far as to terminate the main contractor’s employment? Is it also possible for the main contractor to claim loss and expense from the employer?

Parties to a dispute often make o�ers to settle which are stated to be ‘Without Prejudice’. The intention of an o�er being ‘Without Prejudice’ is that, in subsequent litigation, evidence of the o�er cannot be used to support the o�eree’s case, as the o�er was made ‘Without Prejudice’ and as such, is privileged.

Under a design and build contract, where an employer takes possession of a building or engineering facility before all the work has been completed, can the contractor rightfully claim that practical completion or substantial completion has been achieved?

ABOUTTHE SPEAKERS

RODNEY MARTINChief Executive

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 34 years of experience, 24 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.

RODNEY MARTINBSc, LLB(Hons), MSc, MRICS, FCIArb, FMIArb, FSIArb, FMSAdj

ANDREW MERRILEES Director

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.

ANDREW MERRILEESBSc, LLB (Hons), MBA, PGDip, FRICS, FCIOB, FAPM, MCIArb, AMAE, RPS (QS)

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.

For further information in regard to the Singapore practice, please contact Rodney Martin, Managing Director of Charlton Martin Consultants Pte Ltd in Singapore

Tel: 65 6720 1325 or email rod.martin@charltonmartin.com. Visit our website: www.charltonmartin.com

CHARLTON MARTIN – Construction Contracts Consultants

Seminar Programme

Registration

Session 1

Tea / Coffee

Session 2

Questions & Discussion

Lunch

Workshop 1

Tea / Coffee

Workshop 2

Close

08:30 – 09:00

09:00 – 10:15

10:15 – 10:45

10:45 – 12:00

12:00 – 12.30

12.30 – 14.00

14:00 – 15:15

15:15 – 15:45

15:45 – 17:00

17:00

20 February 2020 (Thursday)

8.30 AM - 5.00 PMTime :

Venue : Balmoral Hall, Level 5Royal Plaza on Scotts

REGISTRATIONFORM

Registration

S$488.00 per person

The fee includes lunch, tea / coffee breaks and seminar notes

For registration of more than 10 pax, please call Fabian / Umira for special rates at Tel: 65 6720 1325

Early Bird Registration with full payment by 20 January 2020 ~ S$450 per person

Charlton Martin Consultants Pte Ltd (200713447R) | 51 Goldhill Plaza #07-01, Singapore 308900Tel: +65-6720 1325 | Fax: +65-6720 1326 | singapore@charltonmartin.com | www.charltonmartin.com

1. Registration is confirmed upon receipt of registration form and full payment is required before commencement of the seminar.2. 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.3. 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.4. Upon signing this form, you are deemed to have read and understood our registration policy and accepted the terms above.

Terms & Conditions

Common Design & Build Questions (with Workshops)

for S$

1-10 participants :

S$488

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Charlton Martin Consultants Pte Ltd51 Goldhill Plaza, #07-01Singapore 308900

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

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Direct Bank-in to HSBC Bank Account No. 147-281133-002. Payable to CHARLTON MARTIN CONSULTANTS PTE LTD

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Cheques should be crossed “A/C Payee only” and made payable to CHARLTON MARTIN CONSULTANTS PTE LTD

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