I. Battle of Forms
1. At what stage is the contract form?
2. What happens if the project is completed and the contract is not yet signed?
II. Liquidated and Ascertained Damages (LAD)
1. Are Liquidated and Ascertained Damages clauses enforceable in Malaysia?
2. Must damages be proved?
3. Is a Certificate of Non-Completion a condition precedent for Liquidated and Ascertained Damages.
4. What are the main advantages of having LAD?
III. Delays and Granting of Extensions of Time
1. Does the Contractor forfeit his right to extension of time if he fails to give notice?
2. If the Architect is aware of circumstances which entitle the Contractor to Extension of time and the Contractor did not apply, is the Architect obliged to give extension of time?
IV. Liability and Responsibility
1. Is there any difference in the liability and responsibility of the Contractor in a typical lump-sum contract as opposed to a design and built contract?
2. What is the liability of the Architect in the performance of his duties?
3. Is the main contractor responsible for the faults and defaults of the nominated sub-contractor?
1. Is the paid when paid clause valid?
2. Can the Contractor go slow for late payments?
3. Is late payment a ground for termination?
4. Is there a pre-eminent mode for computation of overhead expenses?
Conducted By Distinguished Speaker:
MR. EUGENE TAN,
Lawyer, LL.B (Hons), More than 18 years experience in the construction sector.