What are the common contract provisions for suspension and termination of projects? What are the claims that the contractor can submit? How should the contractor prepare their claims?
Projects may be suspended for various reasons, and the duration of suspension if prolonged, would delay the project or impact its progress. At the same time, the Contractor will incur additional costs during the suspension which are not considered in the Contract Sum. The Employer may terminate the contract, subject to the Contract provisions and mutual agreements for various reasons including economic/business reasons, or as the most expeditious way of removing a non-performing contractor.
Often, the preparation and analysis of such claims in complex construction projects are inevitably complicated and would involve great extent of compilation of relevant contemporaneous records. The contractor would be expected to prepare an accurate and persuasive claim, that also complies to contract requirements and industry norms. This is becoming particularly important as by the nature of these claims, more often than not, they would necessarily be resolved via formal dispute resolution processes.
This seminar will provide the answers on the above issues to contractor and employer, which include extension of time, standby costs, demobilization / remobilization costs and other actual costs incurred due to suspension. It will also cover the remedies for contractor on termination and the employer for a non-performing contractor.
Koo Ming Li, Director (Delay Expert), Driver Trett Singapore
Koo has more than 12 years’ of working on heavy civil and infrastructure engineering projects with a sound appreciation of such complex and large projects in the areas of project control and management, specialising in time control (planning and programming) and on matters relating to preparation/evaluation of delays and disruptions (time aspect) and extension of time.
Under various engagements, Koo has also been appointed the Lead Claim Consultant, with particular specialisation in Delay Forensics and Time related matters. Koo’s experience include being appointed Delay Expert in High Court of Singapore, assistant to Experts in Arbitration and being appointed the Delay Expert in Adjudication, as well as preparing independent assessment reports for various time-related claims.
Koo has been involved in major infrastructure projects namely bridges, rail, expressways and roads in Singapore and Malaysia. He had also been involved in projects for large industrial facilities and infrastructure.
Chung Sheuan Seen, Regional Director (Delay Expert), Driver Trett Singapore
Chung has more than 17 years’ experience working on mega infrastructure engineering projects with a sound appreciation of such complex and large projects in the areas of project management specialising in time control (planning and programming) and on matters relating to preparation/evaluation of delays and disruptions (time aspect) and extension of time. He was also involved in headquarters planning function and senior management support, claim defence, performing cash-flows projections studies, logistics planning studies, manpower projection study project-wide as well as Project Master Programme development and planning.
Under various engagements, Chung has also been appointed the Lead Claim Consultant, with particular specialisation in Delay Forensics and Time related matters. Chung experience include being the assistant to Experts as well as being appointed the Delay/Cost Expert in arbitrations.
Chung has extensive buildings, commercial, rail and infrastructure projects experience in Malaysia and Singapore. The diverse range of specialty works Chung has been involved with in these capacities included hospitality (integrated resorts, hotels and serviced apartments), residential, malls, monorail, bored tunnelling, cut-and-cover tunnels, underground MRT (CD and non-CD) stations construction, DTSS pipe-jacked tunnels, SBG launching, MRT Depot, marine works, offshore (oil and gas) and power plants.