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A Charlton Martin Seminar
PWD 203A
Form of Contract
(Revision 2010)
A User’s Manual
Tuesday, 10 March 2015 • 8.30 am to 5.00 pm
Prince Hotel, Jalan Conlay, Kuala Lumpur (Prince 1, Level 3)
the benefits...
Practical Guidance for contract administration
Detailed Explanation for difficult problem areas
Speakers Who Are Experienced construction industry practitioners
Comprehensive User Manual provided (excellent for future reference)
Comparison With PWD 203A (Rev. 10/83) (the old form)
Key changes in Risk Allocation explained
who should attend...
Anyone exposed to the risks, liabilities, obligations, contract administration requirements
and dispute resolution procedures under the new PWD 203A Form of Contract.
what participants have said about Charlton Martin Seminars…
“Comprehensive seminar material”
“The Q & A sessions and case studies during the workshop 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”
CPD Credit Points...
This seminar qualifies to meet the CPD requirements of the Construction Industry Development Board,
Board of Quantity Surveyors Malaysia, Board of Architects Malaysia,
Board of Engineers Malaysia and international professions.
A Certificate of Attendance will be issued.
seminar contents...
PWD 203A Form of Contract
(Revision 2010) - A User’s Manual
Session 1 – The Ground Rules (Setting the Scene for Contract Administration)
Clause 1.0
Clause 6.0
Clause 7.0
Clause 8.0
Clause 3.0
Clause 4.0
Clause 5.0
Clause 32.0
Clause 13.0
Clause 65.0
Definitions and Interpretation
Scope of Contract
Contract Sum
Contract Documents
The S.O. and S.O.’s Representative
S.O.’s Right to Take Action
S.O.’s Instructions
Effect of S.O.’s Certificates
Performance Bond / Performance Guarantee Sum
Arbitration
Session 2 – Contractor’s Obligations (What the Contractor Needs to Know)
Clause 9.0
Clause 10.0
Clause 11.0
Clause 19.0
Clause 21.0
Clause 58.0
Clause 74.0
Clause 75.0
Clause 76.0
Clause 77.0
Representations, Warranties and Undertakings of the Contractor
Obligations of the Contractor
Inspection of Site
Setting Out
Compliance with the Law
Site Agent and Assistants
Epidemics and Medical Attendance
Technology Transfer
General Duties and Performance Standard
Restriction and Procedure on Use of Imported Materials and Goods
Session 3 – Issues Relating to Time and Defects (How to Deal with LADs and Other Deductions)
Clause 38.0
Clause 39.0
Clause 40.0
Clause 41.0
Clause 42.0
Clause 43.0
Clause 50.0
Clause 45.0
Clause 48.0
Clause 49.0
Possession of Site
Completion of Works
Damages for Non-Completion
Sectional Completion
Partial Occupation/Taking Over by Government
Delay and Extension of Time
Suspension of Works
Investigation by the Government and Other Persons in Case of Accident, Failure or Other Event
Defects after Completion
Unfulfilled Obligations
Session 4 – Payment Compensation and Sub-Contracting
(Getting Paid and How to Claim / Managing Sub-Contractors)
Clause 28.0
Clause 29.0
Clause 30.0
Clause 31.0
Clause 33.0
Clause 34.0
Clause 44.0
Clause 47.0
Clause 59.0
Clause 60.0
Clause 61.0
Clause 62.0
Payment to Contractor and Interim Certificates
Adjustment of Contract Sum
Fluctuation of Price
Final Account and Payment Certificate
Deduction from Money Due to Contractor
Prime Cost / Provisional Sums
Claims for Loss and Expense
Sub-Contract or Assignment
Nominated Sub-Contractors and /or Nominated Suppliers
Payment to Nominated or Sub-Contractor or Supplier
No Liability of Government to Nominated and / or Sub-Contractor or Suppliers
Responsibilities of Contractor to Nominated and / or Sub-Contractor or Suppliers
Session 5 – Variations and Termination
(Rights and Obligations Concerning Variations / Understanding Your Rights on Termination)
Clause 24.0
Clause 25.0
Clause 26.0
Clause 27.0
Clause 51.0
Clause 52.0
Clause 53.0
Clause 54.0
Clause 55.0
Clause 56.0
Variations
Valuation of Variation
Bill of Quantities
Measurement of Works
Events and Consequences of Default by the Contractor
Termination on National Interest
Termination on Corruption
Payments upon Termination
Certificate of Termination Costs
Surviving Rights
Session 6 – Indemnities, Insurance, Materials, Plant and Design (Key Issues Explained)
Clause 14.0
Clause 15.0
Clause 16.0
Clause 17.0
Clause 18.0
Clause 20.0
Clause 37.0
Clause 22.0
Clause 35.0
Clause 36.0
Clause 23.0
Indemnity in Respect of Personal Injuries and Damage to Property
Insurance against Personal Injuries and Damage to Property
Indemnities to Government in Respect of Claims by Workmen
Employee’s Social Security Act, 1969
Insurance of Works
Unfixed Materials and Goods
Constructional Plant, Equipment, Vehicles and Machineries
Design
Materials, Goods and Workmanship
Inspection and Testing of Materials, Goods and Equipment
Employment of Workmen
about the speaker...
RODNEY MARTIN BSc, LLB(Hons), MSc, MRICS, FCIArb, FMIArb, FSIArb, FMSAdj
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. Rodney has over 28 years of
experience as a quantity surveyor in the construction industry and has lived and
worked in Kuala Lumpur for the last 18 years. He has worked for many clients in the
Asia Pacific Region, 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 Kuala Lumpur Regional Centre for Arbitration (KLRCA). He is a
Fellow of both the Chartered Institute of Arbitrators and the Malaysian 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 and CIPAA adjudicator in Malaysia.
John Wong BSc(Hons), LLB (Hons) Dip. Int. Arb. FCIArb FMSAdj MRISM Reg.QS
John is a Director of Charlton Martin Consultants Sdn Bhd. John holds dual
qualifications in quantity surveying and law; a Certificate in Adjudication and a
Diploma in International Arbitration. John is a Fellow of the Chartered Institute of
Arbitrators, a Fellow of the Malaysia Society of Adjudicators, a Member of The Royal
Institution of Surveyors Malaysia, a Registered Quantity Surveyor with the Board of
Quantity Surveyors Malaysia. John has over 18 years of experience in the construction
industry specialising in construction contracts/claims consultancy including providing
contractual advice; contract management and administration; preparing as well as
assessing loss and expense claims and extension of time claims; and acting as an
expert witness in arbitration proceedings. John’s past experience included
representing parties in arbitrations. John is an experienced construction claims
seminar speaker in Malaysia. Apart from Malaysia, John has experience in preparing
construction claims for projects in Brunei, Singapore, Indonesia, Thailand, Philippines,
Shanghai, Mexico, Algeria and the Middle East.
CHARLTON MARTIN – Construction Contracts Consultants
Michael Charlton and Rodney Martin have worked together successfully for the past 17 years, the
last 7 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 almost fifty years experience of working in the Asia Pacific and Australian regions. 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 and representation; litigation support and expert witness services.
For further information in regard to the Malaysia practice, please contact Rodney Martin,
Managing Director of Charlton Martin Consultants Sdn Bhd in Kuala Lumpur, Tel: 603 2287
5175 or email [email protected]. Visit our website: www.charltonmartin.com
registration form...
seminar
programme
08:30 – 09:00
Registration
09:00 – 09:55
Session 1
09:55 – 10:45
Session 2
10:45 – 11:00
Tea/Coffee
11:00 – 12:00
Session 3
12:00 – 12:30
Questions &
Discussion
12:30 – 14:00
Lunch
14:00 – 14:45
Session 4
14:45 – 15:30
Session 5
15:30 – 15:45
Tea/Coffee
15:45– 16:30
Session 6
16:30 – 17:00
Questions &
Discussion
17:00
Close
terms & conditions
1. Registration is confirmed
upon receipt of registration
form and full payment
is
required
before
commencement of the
seminar.
PWD 203A Form of Contract
(Revision 2010) - A User’s Manual
Tuesday, 10 March 2015 • 8.30 am to 5.00 pm
Prince Hotel, Jalan Conlay, Kuala Lumpur (Prince 1, Level 3)
Early Bird Registration with full payment by 10 February 2015 ~ RM1,000 per person
1 – 3 participants ~ RM1,150 per person • 4 – 10 participants ~ RM1,050 per person
The fee includes lunch, tea / coffee breaks and seminar material
For registration of more than 10 pax, please call for special rates
Esther Ooi / Sharifah Puteri at Tel: 603 2287 5175 or e mail [email protected]
1.
name
designation
2.
3.
4.
5.
Company:
Authorised/Contact person:
Designation:
Address:
Email:
Tel:
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.
Fax:
No. of registrants:
Company’s Stamp & Authorised Signature
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.
email
PAYMENT DETAILS
1-3 participants:
x RM1,150 =
4-10 participants:
x RM1,050 =
Others:
x
=
Payment can be made either by cheque or direct bank-in to our HSBC account.
Enclosed is cheque number ___________________________________for RM___________________________________.
Cheques should be crossed “A/C Payee only” and made payable to CHARLTON MARTIN CONSULTANTS SDN BHD
Please mail payment to: Charlton Martin Consultants Sdn Bhd
A-10-3 Northpoint Mid Valley
No. 1 Medan Syed Putra Utara
59200 Kuala Lumpur
Direct Bank-in to HSBC Bank Account No. 203-300520-102
Payable to CHARLTON MARTIN CONSULTANTS SDN BHD
Note: • For outstation cheque, please add bank commission.
• For EFT payment, please add transaction charges.
• For online transaction, please bear respective bank charges.
Charlton Martin Consultants Sdn Bhd (781865-X) • A-10-3 Northpoint Mid Valley, No. 1 Medan Syed Putra Utara, 59200 Kuala Lumpur, Malaysia
Tel: +603-2287 5175 • Fax: +603-2287 5176 • [email protected] • www.charltonmartin.com