About this Course

It is not uncommon that when a construction project contract is signed, there are disputes subsequently among the parties involved. This is even more so, if one or more of the parties who do not know clearly the terms of the contract, their obligations or their understanding of the other party’s obligations.

The matters get more complicated if one party decides to make modification to one of the clauses without knowing that some other clauses within the contract will also be affected by the modification. In addition, it is also common to have clauses within the contract that are not allowed, such as pay-if-paid or pay-when-paid under the Security of Payment Regulatory Framework.

In general, construction project disputes commonly involve vague contractual terms, payments, liquidated damages, variation orders, etc. The majority of the disputes is resolved or settled through a wide range of alternative processes which have the benefits of speed, lower cost, confidentiality and flexibility, compared to litigation. Only very few disputes result in litigation which is time consuming and costly.

Objectives

This course gives an overview of the common contractual issues in construction projects such as the inclusion of non-enforceable term like pay-when-paid, disputes on payment, liquidated damages and implied term, etc. and the various processes in disputes resolution.

It is therefore important to identify conflicts at an early stage and employ appropriate resolution process to deal with them, before they mushroom into large scale disputes which could affect the progress of the work and eventually cause delay to the project completion.

Course Outline

1) Complexity of construction projects

2) Common contractual terms in construction projects

3) Causes of disputes

• Interpretation of terms
  
• Pay-and-paid clause
  
• Payment term
  
• Liquidated damages
  
• Extension of time
  

4) Dispute resolution processes

5) Case study

Who Should Attend

This course will be useful to technical executives, supervisors, project managers, project coordinators, contract administrators, architects, quantity surveyors, company directors, developers, lawyers, legal practitioners, legal counsel, safety practitioners, professional engineers and engineers who work in the construction industry

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