SEMESTER 2 MSC CCM PART-TIME LECTURES IN KUALA

SEMESTER 2 MSC CCM PART‐TIME LECTURES IN KUALA LUMPUR WEEK DATE DAY 1 (1)1/2 15.2.14. 16.2.14 22.2.14 23.2.14 1.3.14 2.3.14 8.3.14 9.3.14 15.3.14 16.3.14 22.3.14 23.3.14 29.3.14 30.3.14 5.4.14 6.4.14 12.4.14 13.4.14 19.4.14 20.4.14 26.4.14 27.4.14 3.5.14 4.5.14 10.5.14 11.5.14 17.5.14 18.5.14 24.5.14 25.5.14 31.5.14 1.6.14 Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday Saturday Sunday 3 (2)3/4 5 (3)5/6 7 (4)7/8 9 (5)9/10 11 (6)11/12 13 (7)13/14 15 (8)15/16 17 PART 2 COURSE MBG 1433 (1) MBG 1223 (1) MBG 1233 (1) MBG 1243 (1) MBG 1223 (2) MBG 1433 (2) MBG 1433 (3) MBG 1243 (2) LECTURER RAR JY MH JY JY JY RAR RAR 2 2 2 2 PART 3 COURSE MBG 1244 (1) MBG 1244 (2) MBG 1244 (3) MBG 1253 (1) MBG 1353 (1) MBG 1353 (2) MBG 1253 (2) MBG 1353 (3) LECTURER JY RAR JY MH MH MH MH MH TECHNICAL VISIT AND SPECIAL LECTURES IN KUALA LUMPUR MBG 1223 (3) MBG 1223 (4) MBG 1233 (2) MBG 1233 (3) MBG 1243 (3) MBG 1223 (5) MBG 1233 (4) MBG 1433 (4) MBG 1223 (6) MBG 1243 (4) JY JY MH MH RAR JY RAR RAR JY JY 1 2 3 2 2 18 MBG 1253 (3) MBG 1244 (4) MBG 1253 (4) MBG 1244 (5) MBG 1353 (4) MBG 1244 (6) SESSION 2013‐2014 JY JY MH RAR JY JY RAR PART 4 COURSE LECTURER SEMESTER 2 MSC CCM PART‐TIME LECTURES IN KUALA LUMPUR SESSION 2013‐2014 Part 2 MBG1223 Land, Planning & Environmental Law 3 Credits (Mr. Jamaludin Yaakob) MBG 1243 Construction Contract Studies 1 3 Credits (Dr. Rosli Abdul Rashid & Mr. Jamaluddin Yaakob) MBG 1233 Construction Project Procurements (Dr. Maizon Hashim & Dr. Rosli Abdul Rashid) 3 Credits MBG 1433 Case Study (Dr. Rosli Abdul Rashid & Mr. Jamaludin Yaakob) 3 Credits Total Credits 12 Credits PART 3 MBG 1244 Construction Contract Studies 2 4 Credits Dr. Rosli Abdul Rashid & Mr. Jamaludin Yaakob MBG 1253 Arbitration 3 Credits Dr. Maizon Hashim & Mr. Jamaludin Yaakob MBG 1353 Alternative Dispute Resolution & Adjudication 3 Credits Dr. Maizon Hashim & Mr. Jamaludin Yaakob Total Credit 10 Credits _________________________________________
Department of Quantity Surveying
Faculty of Built Environment
MASTER OF SCIENCE IN
CONSTRUCTION CONTRACT MANAGEMENT
(Part-Time – Kuala Lumpur)
Lecture Programme (Part 2)
Semester 2 Session 2013/2014
February 2014
THE PHILOSOPHY OF THE PROGRAMME
The process of procuring construction projects are getting more complex and challenging not only
because projects are getting bigger, taller and more sophisticated but also due to greater
involvement of specialist and professional consultants, specialist subcontractors, and increasing
internationalization of the construction market. Clients are now asking for more efficient and
effective management approaches as well as speedier, simpler and less intricate project
procurement systems and contractual arrangements. There is currently an increasing use of nontraditional systems that emphasise on co-operative relationship between the principal and
contractor and other stakeholders within a construction project. Examples of such systems include
Public-Private Partnering (PPPs) aka Private Finance Initiatives (PFIs) and alliances such as "pure" or
"project" alliances and "impure" or "strategic" alliances. This development inevitably leads to
changes to the rights, duties and risks of the participating parties and to the management
approaches. Therefore, it is absolutely necessary for today’s project managers and/or contract
managers to be extremely well verse with the legal and procedural aspects of construction law and
the various procurement systems.
The basic philosophy of this programme is that
“a project manager or contract manager will be more adept to evaluate and select an
appropriate procurement approach and managing its contractual and procedural aspects
more efficiently and effectively, if he/she is very conversant with construction law and
operational aspects of the various contracting systems. At the same time, he/she can be a
better manager and arbitrator if he/she has a thorough knowledge about arbitration and
other dispute resolution approaches.”
THE OBJECTIVE OF THE PROGRAMME
The programme is designed to provide advanced education to construction and engineering
professionals and graduates who are seeking greater knowledge and experience in construction law
and operational aspects of the various construction procurement systems and wishing to broaden
their careers into the specialised field of construction contract management.
COURSES OFFERED
The subjects offered in Semester 2 of Session 2013/2014 are as follows:
MBG1223
Land, Planning & Environmental Law
3 Credits
(Mr. Jamaludin Yaakob)
MBG 1243
Construction Contract Studies 1
(Dr. Rosli Abdul Rashid & Mr. Jamaluddin Yaakob)
3 Credits
MBG 1233
Construction Project Procurements
(Dr. Maizon Hashim & Dr. Rosli Abdul Rashid)
3 Credits
MBG 1433
Case Study
(Dr. Rosli Abdul Rashid & Mr. Jamaludin Yaakob)
3 Credits
Total Credits
12 Credits
26 - 30
March 2014
TECHNICAL VISIT AND SPECIAL LECTURES IN KUALA LUMPUR
Lecture Programmes - As attached
MSc CCM (Part 2)
1
Semester 2_2013/2014
Subject
Semester
MBG 1223 - LAND, PLANNING & ENVIRONMENTAL LAW
2
Lecture
Status
Core
Tutorial/Seminar
Pre-condition
None
Credit
See lecture program
None
3
TEACHING TEAM
Mr. Jamaludin Yaakob
SYSNOPSIS
This is a fundamental course. It consists of three different laws. The main focus is the Malaysian land law,
particulalrly: the Torrens system, indefeasibility of title, classification and category of land, disposals and
dealings, restrain of dealings, subdivision, partition, amalgamation and strata title. The planning and
environmental laws are treated as an overview of the relevant legislations with special emphasis on certain
issues. In the former, the emphasis is on the planning control mechanism. In the latter, the emphasis is on
the legal principles and legislations for the different environmental issues in construction work.
LEARNING OUTCOMES
At the end of the course students should:
a)
Have deeper knowledge and understanding about laws associated with land and land development
and their relationship with construction; and able to evaluate and make decisions to solve problems
and issues related to land and construction;
b)
Have deeper knowledge and understanding about the principles and mechanism of Town and
Country Planning Act (Act 172) and the critical provisions in the act including the provisions in
connection with the environment; and able to apply the provisions under the planning law and
environmental law in making decisions on matters or issues associated with construction.
TEACHING AND LEARNING APPROACH:
The teaching and learning for this subject involve lectures and tutorials. Students will be given assignments
to be prepared individually and in groups. The assignments will be assessed as part of the continuous
assessments.
ASSESSMENTS:
The assessment for this subject will be based on course works and final examination. The distribution of
the marks is as follows:
Course works
:
60%
Final examination
:
40 %
TOTAL
:
100%
MSc CCM (Part 2)
2
Semester 2_2013/2014
MBG 1223 - LAND, PLANNING & ENVIRONMENTAL LAW
LECTURE PROGRAMME:
Date
Week 1/2
Sunday
16 Feb 14
JY
(1)
Content
Introduction to land development law: Stages in land development process and the
governing statutes, Introduction to land law: Basic elements of land law
Torrens System and the National Land Code 1965: Basic principles and characteristics
of the Torrens System and their codification into the National Land Code 1965.
Definition of land: section 5 of NLC 1965; common law principles of fixture and chattel;
application of those principles in construction contracts
Week 5/6
Saturday
15 Mar 14
JY
(2)
Classification of land: country land, village land & Town land
Week 9
Saturday
5 Apr 14
JY
(3)
Dealings: rights of registered proprietor to carry out dealings with respect to the
alienated land; types of dealings: registrable and unregsitrable dealings; Transfer,
Charge, Lien. Lease, Tenancy, Easement, right of ways, registration of dealings; and
equitable dealings.
Week 9
Sunday
6 Apr 14
JY
(4)
Restraint of Dealings: Types of restraint of dealings; private caveats; conditions and
procedures; caveatble interests; duration and determination of private caveats.
Category of land use: agriculture, building and industry
Disposal of land by State Authority: alienation, reservation, lease of reserved land,
temporary occupation license and permits.
Subdivision, Partition and Amalgamation: definitions, conditions and procedures and
legal issues
Week 11/12
Sunday
27 Apr 14
JY
(5)
Strata Title: Basic concepts and characteristics of strata title scheme; overview of the
Strata Title Act 1985; applications and issuance of strata titles; management
corporation; legal issues.
Maintenance & Management of Strata Schemes: Overview of maintenance and
management of strata schemes; overview of the Common Property (Maintenance and
Management). Act 2007 [Act 663); legal issues.
Planning Law: Definition of planning; objective and philosophy of planning; governing
statutes; overview of Town and Country Planning Act 1976; Development Plans,
Development Order; Planning Control and Planning permission; legal issues.
Week 15/16
Saturday
24 May 14
JY
(6)
Environmental Law: Global environmental issues; national environmental issues;
environmental issues in construction works; governing laws: common law and
statutes; relevant law cases
MSc CCM (Part 2)
Conveyancing: Definition of conveyancing; purpose of conveyancing; instances
requiring transfer of title; governing laws; normal conveyancing procedures; contract
of sale and purchase; roles of lawyers and stakeholders.
Assignments Presentation
3
Semester 2_2013/2014
MBG 1223 - LAND, PLANNING & ENVIRONMENTAL LAW
READING LIST
Land Law
1)
Salleh Haji Buang, Malaysian Torrens System (2nd ed), Kuala Lumpur : DBP, 2007
2)
Judith Sihombing, National Land Code : a commentary (3 volumes), Kuala Lumpur : Malayan Law
Journal, 2004
3)
Halsbury's laws of Malaysia (24v), Kuala Lumpur : Malayan Law Journal, 2002
4)
Legal & practical issues on strata titles, duties of developers & management corporation / conducted
by Tang Kean Onn, [S. l. : s. n.], [2000]
5)
Lainah Yow Oi Lin, Conveyancing practice and procedure in West Malaysia, Kuala Lumpur : Malayan
Law Journal, 2003
6)
Salleh Buang, Malaysian law on housing developers : with Housing Development (Control and
Licensing) Act 1966 and subsidiary legislation (2nd ed.), Petaling Jaya, Selangor, D.E. : Sweet &
Maxwell, 2002
7)
Koperasi Pegawai Pentadbiran dan Pengurusan Tanah Malaysia Berhad, A manual on the National
Land Code, Kuala Lumpur :Koperasi Pegawai Pentadbiran dan Pengurusan Tanah Malaysia Berhad in
cooperation with Dept. of Director General of Lands and Mines, 2002
8)
Ainul Jaria Maidin, Principles of Malaysian land law. Petaling Jaya, Selangor Darul Ehsan :Lexis Nexis,
2008
9)
Shaikh Abdul Saleem Shaikh Abdul Karim, Enforcement of charges handbook (2nd ed), Kuala Lumpur
:Malayan Law Journal, 2005
MSc CCM (Part 2)
4
Semester 2_2013/2014
Subject
Semester
MBG1243 – CONSTRUCTION CONTRACT STUDIES 1
2
Lecture
3 hours/week
0 hours/week
Status
CORE
Tutorial/Seminar
Pre-condition
None
Credit
3
TEACHING TEAM
Assoc. Prof. Dr. Rosli Abdul Rashid and Mr. Jamaluddin Yaakob
SYNOPSIS
This course introduces the students to the different background and qualification of the legal and
managerial aspects of construction contract management. It discusses the Malaysian legal system, the
nature Malaysian construction industry, structure and organisation. The course also dwells on the
formation of construction contract, the associated laws and statutes, the local and international forms of
construction contracts, their features and usage including the preparation and usage of the various
contract documents – drawings, specifications, bills of quantities etc. Attention is also given to the aspects
of insolvency and insurances in construction contracts. The course also discusses matters pertaining to
consultancy services in construction, engagement of consultants and the retainers and professional
liabilities.
LEARNING OUTCOME
After completing this course, the students should be able to:
a)
identify the relevant laws associated with construction contract and discuss the legal issues relating
to the formation of construction contracts;
b)
identify the various standard and non-standard forms of contract and to evaluate the appropriateness
of their use in various conditions;
c)
give advise on the engagement of consultants and the associated legal matters including the rights,
duties and liabilities of the consultants and standard of performance;
d)
give advise on the on the various types risks and insurances in construction
e)
discuss the legal effects insolvency regimes with regard to certain relevant terms in construction
contracts.
TEACHING AND LEARNING APPROACH
The teaching and learning for this subject involve formal lectures, seminars, group discussions and course
work. Students will be given written course works or assignments to be done either individually or in
groups. The assignments will be assessed as part of the continuous assessment.
ASSESSMENT:
The assessment for this subject will be continuous and based on the course works and final examination.
Course works
Final examination
Total Marks
MSc CCM (Part 2)
60 %
40 %
100 %
5
Semester 2_2013/2014
MBG1243 – CONTRACT STUDIES 1
LECTURE PROGRAMME
Date
Week 3/4
Sunday
2 March 14
(1)
JY
Content
Lecturer
Malaysian legal system: Definition of law; classification of law; sources of law; court
system & jurisdictions; judicial precedent; law reports.
Introduction to construction contract: Definition of construction contract; applicable
laws, nature of construction contracts. formation of construction contracts: basic
elements of valid and enforceable contract, basic process of the formation of contract
and formality - elements of invitation to tender, tender, letter of acceptance (award),
letter of intent, consideration etc.
Forms of Construction Contracts: Standard and non-standard forms, advantages and
disadvantages; types of standard forms: Malaysian and international forms of contract,
the issuing bodies; comparative analysis of various standard and non-standard forms
of contract, criticism against the use of standard forms.
Week 7
Sunday
23 March 14
(2)
RAR
Construction Contract documentation: Legal basis for the use of contract documents;
Types of contract documents and their functions: drawings, specification, bills of
quantities, schedule of rates, articles of agreement, appendices etc.; Issues on
discrepancy in and divergence between various documents in the contract documents.
Insurance in Construction Contracts
Risks and insurances in construction contracts and the relevant policies.
Performance Bond:
Nature of performance bonds, bank guarantee, retention funds, special trustee funds;
conditional and on-demand performance bond; conditions and procedures for calling
the bond; injunctions against employer from calling the bond.
Week 11/12
Saturday
26 Apr 14
(3)
RAR
Week 15/16
Sunday
25 May 14
(4)
JY
Professional consultants and Retainer: Professionals in construction contracts,
characteristics of professionals; roles of professionals; the legal and administrative
relationship between parties; standard retainer for professional services (standard
conditions of engagement of consultants).
Professional liabilities (negligence): duties and liabilities of the professionals under
contract, tort, statute and criminal liability; and liabilities of professionals with respect
to defective buildings.
Terms and conditions of construction contract: the importance of writing down the
terms and conditions of the contract; Guides to drafting sound terms and conditions of
construction contract; rules of interpretation of terms; conditions and warranties;
express and implied terms.
Insolvency in construction contract: Insolvency and bankruptcy: liquidation,
receivership; arrangement; effects of insolvency in relation to certain terms in
construction contracts.
Assignments Presentation
MSc CCM (Part 2)
6
Semester 2_2013/2014
MBG1243 – CONTRACT STUDIES 1
LECTURE PROGRAMME
READING LIST
th
1)
Billington, Michael J., The building regulations : explained and illustrated (12
Blackwell Science, 2004
2)
Bunni, Nael G., Risk and insurance in construction, London : Spon Pres, 2003
3)
Chan, Philip Chuen Fye, Commonwealth construction cases : the Singapore perspective, Singapore:
Sweet & Maxwell Asia, 2002
4)
Chow Kok Fong, Law and practice of construction contracts (3rd ed.), Singapore : Sweet & Maxwell,
2004
5)
Chow Kok Fong, Construction law casebook, Singapore : Lexis Nexis, 2003
6)
Halsbury's laws of Malaysia / Malayan Law Journal, Kuala Lumpur : Malayan Law Journal, 2002
7)
Harbans Singh, K.S., Engineering and construction contracts management : law and principles,
Selangor : Malayan Law Journal, 2004
8)
James, Michael F., Construction law : liability for the construction of defective buildings (2nd ed.),
New York, NY : Palgrave Macmillan, 2002
9)
Murdoch, John, Construction contracts : law and management (4th ed.), London : Spon Press, 2008
10)
Noe, Monica, Construction defects : your rights and remedies, Singapore : Sweet & Maxwell Asia,
2005
11)
Powell-Smith, Vincent, Powell-Smith & Furmston's building contract casebook (4th ed.), London :
Oxford : Blackwell Publishing, 2006
12)
Uff, John, Construction law : law and practice relating to the construction industry (9 th ed.), London :
Sweet & Maxwell, 2005
13)
Wong, Gary Soo, Construction law and practice in Hong Kong, Hong Kong : Thomson/Sweet &
Maxwell Asia, 2004
14)
Wilmot-Smith, Richard, Construction contracts : law and practice, Oxford : Oxford University Press,
2006
MSc CCM (Part 2)
7
ed.), Oxford :
Semester 2_2013/2014
Course
Semester
Status
Pre-condition
MBG1233 – CONSTRUCTION PROJECT PROCUREMENT
2
MAJOR CORE
Lecture
3 hours/week
Tutorial/Seminar
O hours/week
None
Credit
3
TEACHING TEAM
Assoc. Prof. Dr. Maizon Hashim and Assoc. Prof. Dr. Rosli Abdul Rashid
SYNOPSIS
This course is designed to provide students with in-depth knowledge and understanding about the concept
and application of the various construction project delivery systems such as the traditional system, turnkey,
design and build, PFI, BOT and cost plus and the latest application of partnering and alliancing systems as
used in Malaysia and other countries. It also looks into the various methods of bidding and tendering
procedures. The course gives emphasis on the legal, economics and technical aspects of the various
delivery systems and discusses the strategic aspects of their choices against the background of the project
requirements, clients’ needs, risks allocation and current construction technology and practice.
LEARNING OUTCOME
After completing the course the students should have a thorough knowledge and understanding about
construction procurement systems. They should also have the capability and competency to:
a)
Evaluate and select the procurement and contracting system that is most
appropriate to the
client’s, project and management requirements and project cost, time and quality
b)
Economically and speedily undertake the process of evaluating, selecting and appointing of
contractors for the project
c)
Draft and prepare the most appropriate tender/bidding and contract documents according to the
procurement system
TEACHING AND LEARNING APPROACH
The teaching and learning of this course involve formal lectures and group discussions. Lecture and
discussion will be based on modular approach. Each module will be taken by different lecturers. Refer to
schedule.
ASSESSMENT
The assessment for this course will be based on course works and final examination. The coursework will
be assessed based on the written work and its presentation.
The distribution of marks is as follows:
Courseworks
:
60%
Final Examination
:
40%
Total
:
100%
MSc CCM (Part 2)
8
Semester 2_2013/2014
MBG1233 – CONSTRUCTION PROJECT PROCUREMENT
LECTURE PROGRAMME
Week
Week 3/4
Saturday
1 Mar 14
MH
(1)
Lecture Outline
Introduction to the course,
 The scope of study of the course, its importance in contract management and to
contract managers
Introduction to procurement
 Definition of project procurement, historical background and evolution of
contemporary procurement systems in Malaysia and overseas;
Problems and issues associated with project procurement in Malaysia and overseas
and the need for more efficient procurement system to meet the changing
construction & business environment
Overview of the Project Procurement systems
 Citing the various procurement systems use today; their classification and method
of classification and providing an overview of concept and evolution of each of the
system. (It is a prelude to detail review (analysis) of the concept and
operation of the different procurement systems)
Separated or Multiple Responsibility Procurement system
 The characteristic and operation (process and procedure) of this category of
procurement i.e. the traditional or conventional system
 The merits and demerits of the traditional or conventional system – cost, time,
information needs, risks allocation, organisation, coordination, method of
evaluation and selection etc.
The Integrated system and its variants – design and build & novated design and build
system
 The characteristic and operation (process and procedure) of the design and build
and its variants i.e. novated design and build system
 The merits and demerits of the design and build and its variants i.e. turnkey system
– cost, time, information needs, risks allocation, organisation, coordination,
method of evaluation and selection etc.
MSc CCM (Part 2)
9
Semester 2_2013/2014
MBG1233 – CONSTRUCTION PROJECT PROCUREMENT
Lecture Programme
Week
Week 9/10
Saturday
12 Apr 14
MH
(2)
Lecture Outline
The Integrated system and its variants – turnkey, package deal & design and develop
 The characteristic and operation (process and procedure) of the design and build
system and its variants i.e. turnkey, design and develop
 The merits and demerits of the design and build and its variants i.e. turnkey,
package & design and develop system – cost, time, information needs, risks
allocation, organisation, coordination etc.
The Management Oriented System – project management, construction management
& management contracting
 The characteristic and operation (the process and procedure) of the management
oriented system – project management, construction management and
management contracting system
 The merits and demerits of the project management, construction management
and management contracting system – cost, time, information needs, risks
allocation, organisation, coordination etc.
The Discretionary (modified) procurement system – the Public Private Partnership
(PPP), Private Financing Initiatives (PFI) and Partnering
 The characteristic and operation (the process and procedure) of the discretionary
(modified) procurement system – the Public Private Partnership (PPP), Private
Financing Initiatives (PFI) and Partnering
 The merits and demerits of the Public Private Partnership (PPP), Private Financing
Initiatives (PFI) and Partnering – cost, time, information needs, risks allocation,
organisation, coordination etc.
MSc CCM (Part 2)
10
Semester 2_2013/2014
MBG1233 – CONSTRUCTION PROJECT PROCUREMENT
Lecture Programme
Week
Week 9/10
Sunday
13 April 14
(3)
MH
Lecture Outline
The summary of the merits and demerits of the various procurement systems
 Summary of the merits and demerits of the different procurement systems
The selection of procurement system – discussion on the factors influencing the
choice of procurement system
 Societal factors – economics, technology, politic, legal, commercial; organisational
resources – knowledge and experience, type, nature and culture of clients’
organisation;
 Project characteristic and nature – type, size, complexity, location; availability of
labour and materials; method of financing; flexibility and adaptability;
 Other factors – time, urgency, degree of control, allocation of risks, information and
documentation requirement etc.
Performance improvement in procurement
 innovation, continuous improvement, knowledge management
Week 13/14
Saturday
10 May 14
(4)
RAR
Tendering and bidding
 Overview of the different tendering/bidding procedure commonly used by the
construction industry;
 Principles and the operation (process and procedures) of different
tendering/bidding procedure – open, selective, negotiated, serial and two stage
tendering
 Review of the different tendering/bidding system – their merits and demerits and
the implication on project cost, time, quality and performance; documentation
requirements
Procurement Management
 Concept, elements and process of project procurement management; procurement
management and contract life cycle
 Process of project procurement management - what, when, who and how to
manage procurement;
 Plan acquisition – policy, objective, strategy; review and evaluation – evaluation
techniques or system, decision making tools, input and output
 Plan contracting – review, evaluation and selection of contract form; review of
terms and conditions; documentation
 Plan tender and bidding;
 Contract administration and closure
MSc CCM (Part 2)
11
Semester 2_2013/2014
MBG1233 – CONSTRUCTION PROJECT PROCUREMENT
READING LIST
Masterman, Jack W. E., Introduction to Building Procurement Systems (2nd ed.), London:
Spon Press, 2002
ICE Virtual Library Journals, Proceedings of the Institution of Civil Engineers.
Management, procurement and law [electronic resource], London :Thomas Telford,
Peter Brandon, Virtual Futures for Design, Construction and Procurement, New York:
Blackwell,2 008
Will Hughes, Procurement in the Construction Industry : the impact and cost of alternative
market and supply processes, New York: Taylor & Francis, 2006
Kalidindi, Satyanarayana N., Project Procurement for Infrastructure Construction, New
Delhi: Narosa Pub. House, 2004
Khairuddin Abdul Rashid, Construction Procurement in Malaysia : processes and systems :
constraints and strategies, Kuala Lumpur: Research Centre IIUM, 2002
Construction contract and procurement system, Electronic access:
http://www.psz.utm.my/sla/billing/login. asp?id=50261
Koch, James Edward, Project Administration for Design-Build Contracts: a primer for
owners, engineers, and contractors, Reston, Va. :ASCE Press/American Society of Civil
Engineers, 2010
George Elvin, Integrated Practice in Architecture : mastering design-build, fast-track, and
building information modelling, Hoboken : J. Wiley & Sons, 2007
David Chappell, The JCT Design and Build Contract 2005 (3rd ed.), Oxford, UK : Blackwell,
2007
Molenaar, Keith R., Alternative Project Delivery, Procurement, and Contracting Methods
for Highways, USA: American Society of Civil Engineers, 2007
Gransberg, Douglas D., Preparing for Design-Build Projects: a primer for owners,
engineers, and contractors, Reston, VA :American Society of Civil Engineers,2006
Levy, Sidney M., Design-Build Project Delivery, New York: McGraw-Hill Professional, 2006
Griffith, Alan, Best Practice Tendering for Design and Build Projects, London :Thomas
Telford, 2003
Wepner, Shelley B., Collaborative Leadership in Action : partnering for success in schools,
New York :Teachers College Press, 2011
John Bennett, Partnering in the Construction Industry : a code of practice for strategic
collaborative working, Oxford :Butterworth-Heinemann, 2006
MSc CCM (Part 2)
12
Semester 2_2013/2014
MBG1233 – CONSTRUCTION PROJECT PROCUREMENT
READING LIST
Loraine, R. K., Partnering in the Social Housing Sector: a Handbook, London: Thomas
Telford, 2000
Thomas, Gill, Construction Partnering and Integrated Team Working, Oxford, UK:
Blackwell Publishing, 2005
Cain, Clive Thomas, Profitable Partnering for Lean Construction, Oxford, UK ;Blackwell
Pub., 2004
David Jones, Partnering and Collaborative Working : law and industry practice, London
:LLP, 2003
Tony Lendrum, The Strategic Partnering Handbook: the practitioners' guide to
partnerships and alliances (4th ed.), New York :McGraw-Hill, 2003
Nigel Dubben, Partnerships in Urban Property Development, Chichester, U.K.; WileyBlackwell Pub., 2009
Franceys, R., Regulating Water and Sanitation for the Poor: economic regulation for
public and private partnerships, London; Earthscan, 2008
International handbook on public private partnerships, Northampton, MA :Edward Elgar
Pub., 2010
ProQuest Central, European Public Private Partnership Law Review [electronic resource],
Berlin: Lexxion Verlagsgesellschaft, 2006
Greve, Carsten., Contracting for Public Services [electronic resource], Abingdon, Oxon,
England ;Routledge, 2007
Osborne, Stephen P., Public Private Partnerships [electronic resource] : theory and
practice in international perspective, London ;Routledge, 2000
MSc CCM (Part 2)
13
Semester 2_2013/2014
Subject
Semester
MBG1433 – CASE STUDY
2
Lecture
Status
CORE
Independent study
Pre-requisite
None
Credit
See attached
Lecture programme
2
TEACHING TEAM
Assoc. Prof. Dr. Rosli Abdul Rashid & Mr. Jamaludin Yaakob
SYNOPSIS
It is a course designed to further enhance the students’ skill and ability to readily identify, systemise and
analyse or synthesise problems and issues and suggesting appropriate answers or solutions to the issues or
problems in hand through literature reviews and formal presentations and discussions in forum and
seminars. In this course, the students are given books, articles, journals, law cases or seminar papers to be
reviewed, presented and discussed in the class. As a preparation for their research project, the course also
provides the students with in depth understanding of research methodology and strategy.
LEARNING OUTCOME
After successfully completing the course, the students are expected:
c)
To have enhanced their reading habits and be more aware and interested in the current local and
global issues
d) To have further improved their ability to view the various issues holistically and in a more systematic
and critical manner;
e) To have further enhanced their ability and confidence to communicate and express their ideas and
propositions
TEACHING AND LEARNING APPROACH
This subject focuses on further developing the students critical and creative thinking and analytical
capability through reading, analysis of given cases and book review. The students are either given cases to
study, books/articles to review or they may select books/articles of their interest to review. They are
required to read and critically study the cases, books or articles and present their comments, argument or
discussion in writing. They are also required to present and discuss their comment etc. in a series of
discussion session or seminars.
The written work must be submitted to the lecturer in-charge before the discussion session for his/her
assessment.
ASSESSMENT
Students will be continuously assessed based on their written work and verbal presentation/discussion.
The distribution of marks is as follows:
MSc CCM (Part 2)
Coursework
:
60 %
Final Examination
:
40%
Total
:
100%
14
Semester 2_2013/2014
MBG1433 – CASE STUDY
LECTURE PROGRAMME
Date/Time
Week 1/2
Saturday
15 Feb 14
(1)
RAR
Content
INTRODUCTION
 Objectives, teaching and learning approach, assessment
 Develop awareness; hone analytical skill – systematic, critical, view holistically;
communicate effectively – clear, precise, confidence, appropriateness
 Difference between ‘finding out’ and ‘research’; knowledge acquisition
 Examples (review, analysis, propositions, hypotheses)
 Distribution of case studies 1, 2 & 3
 Brief introduction to case study 1 (article review)
Week 5/6
Sunday
16 March 14
(2)
JY
RESEARCH METHODOLOGY
 Concept, types and purpose of academic research;
 Process of academic research, content of research proposal and research report
(dissertation)
 Literature review for academic research
 Preparation of research proposal
 Research design, data collection and dissertation writing
Week 7
Saturday
22 March 14
(3)
RAR
CASE STUDY 1
 Re-introduce case study 1
 Submission & presentation of case study 1
 Continuation of presentation of case study 1
 Brief introduction to case study 2 (case law analysis)
CASE STUDY 2
 Re-introduce case study 2
 Submission and presentation of case study 2
 Continuation of presentation of case study 2
 Brief introduction to case study 3 (book review)
Week 13/14
Sunday
11 May 15
(4)
RAR
CASE STUDY NO.3
 Re-introduce case study 3
 Submission and presentation of case study 3
 Continuation of presentation of case study 3
READING LIST
Any book, journal, magazine, monograph, seminar papers and others which are of interest to students and
relevant to the given case studies
Research Methodology
Carol M. Bast, Foundations of legal research and writing (4th ed.), Clifton Park, NY: Delmar Cengage
Learning, 2010
Putman, William H., Legal research, analysis, and writing, New York: Thomson/Delmar Learning, 2004
MSc CCM (Part 2)
15
Semester 2_2013/2014
M.Sc. IN CONSTRUCTION CONTRACT MANAGEMENT
EXAMINATION TIME-TABLE
PART-TIME/PERSISIR PROGRAMME
KUALA LUMPUR CENTRE
PART 2
SEMESTER 2 SESSION 2013/2014
Date/time
Sunday
1 June 2014
9.00 – 12.00
Sunday
8 June 2014
9.00 – 12.00
Sunday
15 June 2014
9.00 -12.00
MSc CCM (Part 2)
Course
MBG 1223
Land, Planning and Environmental Law
MBG 1233
Construction Project Procurement
MBG 1243
Construction Contract Studies 1
16
Invigilator
Dr. Maizon
Hashim
Ms Hamizah
Liyana Tajul
Ariffin
Mr. Jamaludin
Yaakob
Semester 2_2013/2014
M.Sc IN CONSTRUCTION CONTRACT MANAGEMENT PROGRAMME
COURSES OFFERED (FOR PART-TIME/PERSISIR) PROGRAMME
PART 1
Code
Subjects
Credit
MBG1133
Construction Economics (Ekonomi Pembangunan Projek)
3
MBG1144
Project Management & Operational Research (Pengurusan Projek &
Penyelidikan Operasi)
4
MBG1213
Law of Contract, Tort, Agency & Sales of Goods (Undang2 Kontrak, Tort, Agensi
dan Jual Beli )
3
MBG1113
Construction Environment (Persekitaran Pembinaan) **
3
TOTAL CREDIT
10
PART 2
Code
Subjects
Credit
MBG1223
Land, Planning & Environmental Law (Undang2 Tanah, Perancangan & Alam
Sekitar)
3
MBG1233
Construction Project Procurement (Perolehan Projek Binaan)
3
MBG1433
Case Studies (Kajian Kes)
3
MBG1243
Contract Studies 1 (Kajian Kontrak 1)
3
MBG1123
Construction Project Development (Pembangunan Projek Binaan)**
3
TOTAL CREDIT
12
PART 3
Code
Subjects
Credit
MBG1244
Construction Contract Studies 2 (Kajian Kontrak Binaan 2)
4
MBG1253
Arbitration (Timbangtara)
3
MBG1353
Alternative Dispute Resolution & Adjudication (Penyelesaian Pertikaian
Alternatif dan Adjudikasi)
3
TOTAL CREDIT
10
PART 4
Code
MBG2415
Subjects
Credit
Master Project (Dissertation)
5
TOTAL CREDIT
5
UNIVERSITY SUBJECTS (offered every semester)
Code
Subjects
Credit
UHP6013
Seminar on Development and Global Issues (Seminar Pembangunan dan Isu
Global)*
3
UHW6023
Philosophy of Science and Social Development (Falsafah Sains dan
Pembangunan Sosial)*
3
TOTAL CREDIT
3
* Students are required to take only ONE of these TWO university subjects at anytime during the duration of
the programme.
** Students with LLb may register for MBG1113 and MBG1123 in lieu of MBG 1213 dan MBG 1223.
MSc CCM (Part 2)
17
Semester 2_2013/2014
________________________________________________________
Department of Quantity Surveying
Faculty of Built Environment
MASTER OF SCIENCE IN
CONSTRUCTION CONTRACT MANAGEMENT
(Part-Time – Kuala Lumpur)
Lecture Programme (Part 3)
Semester 2 Session 2013/2014
February 2014
THE PHILOSOPHY OF THE PROGRAMME
The process of procuring construction projects are getting more complex and challenging not only
because projects are getting bigger, taller and more sophisticated but also due to greater
involvement of specialist and professional consultants, specialist subcontractors, and increasing
internationalization of the construction market. Clients are now asking for more efficient and
effective management approaches as well as speedier, simpler and less intricate project
procurement systems and contractual arrangements. There is currently an increasing use of nontraditional systems that emphasise on co-operative relationship between the principal and
contractor and other stakeholders within a construction project. Examples of such systems
include Public-Private Partnering (PPPs) aka Private Finance Initiatives (PFIs) and alliances such as
"pure" or "project" alliances and "impure" or "strategic" alliances. This development inevitably
leads to changes to the rights, duties and risks of the participating parties and to the management
approaches. Therefore, it is absolutely necessary for today’s project managers and/or contract
managers to be extremely well verse with the legal and procedural aspects of construction law
and the various procurement systems.
The basic philosophy of this programme is that
“a project manager or contract manager will be more adept to evaluate and select an
appropriate procurement approach and managing its contractual and procedural aspects
more efficiently and effectively, if he/she is very conversant with construction law and
operational aspects of the various contracting systems. At the same time, he/she can be a
better manager and arbitrator if he/she has a thorough knowledge about arbitration and
other dispute resolution approaches.”
THE OBJECTIVE OF THE PROGRAMME
The programme is designed to provide advanced education to construction and engineering
professionals and graduates who are seeking greater knowledge and experience in construction law
and operational aspects of the various construction procurement systems and wishing to broaden
their careers into the specialised field of construction contract management.
COURSES OFFERED
MBG 1244
Construction Contract Studies 2
4 Credits
Dr. Rosli Abdul Rashid & Mr. Jamaludin Yaakob
MBG 1253
Arbitration
3 Credits
Dr. Maizon Hashim & Mr. Jamaludin Yaakob
MBG 1353
26 - 30 March
2014
Alternative Dispute Resolution & Adjudication
Dr. Maizon Hashim & Mr. Jamaludin Yaakob
3 Credits
Total Credit
10 Credits
TECHNICAL VISIT AND SPECIAL LECTURES IN KUALA LUMPUR
Lecture Programmes - As attached
MSc CCM (Part 3)
2
Semester 2_2012/2013
Subject
Semester
MBG1244 – CONSTRUCTION CONTRACT STUDIES 2
2
Lecture
Status
CORE
Tutorial/Seminar
Pre-condition
None
Credit
See Lecture
programme
0 hours/week
4
Lecturers
Assoc. Prof. Dr. Rosli Abdul Rashid & Mr. Jamaludin Yaakob
SYNOPSIS
This course is an extension of the Construction Contract Studies 1. It generally examines the important
terms in construction contracts with special reference to the PWD and PAM standard forms as well as
other forms such as JCT and FIDIC. Some of those important clauses discussed include those that relate to
performance of the work: conditions and possession of sit; time related issues (extension of time and
liquidated damages), completion of work; payments and remedies for non-payment; breach and
termination of contract, remedies for breach of contract such as contractor’s claims for loss and expense
and suspension of works. This course also discusses issues relating subcontracting and international
contracting.
Objective of the subject:
After completing this subject, the students should have a good knowledge and deep understanding on
the followings:
a)
Principles of construction contract, construction risks and risk distribution in the contract
b) Identification and understanding of the main issues relating to the use of various
construction contracts in Malaysia and overseas
c)
Understanding the effects of globalisation on the professionalism of construction contract
management
Teaching and Learning Approach
The teaching and learning approach of this subject involve formal lectures and group discussions.
Lectures and discussion will be based on modular approach. Each module will be taught by different
lecturers. Refer to schedule.
Assessment
The assessment for this subject will be based on courseworks and final examination. The coursework will
be assessed based on the written work and its presentation in the workshop or seminar organized by the
programme leader.
The distribution of marks is as follows:
MSc CCM (Part 3)
Coursework
:
60%
Final Examination
:
40%
TOTAL
:
100%
3
Semester 2_2012/2013
MBG1244 – CONSTRUCTION CONTRACT STUDIES 2
LECTURE PROGRAMME:
Week
Lecture Outline
Week 1/2
Introduction to the course
Duties and obligations of employers and contractors under the Contract
Statutory duties; Contractual duties; Express and Implied duties.
Role and Duties of Contract Administrator
Statutory duties; Contractual duties; Express and Implied duties.
Site Possession :
Legal basis. duty of giving possession of site, risk of condition of site; effect of giving
site out possession; delay in giving site possession; liability of contractor and employer
– employer’s representatives, consultants, trespassers, children, etc.
Saturday
15 Feb 14
JY
(1)
Week 1/2
Sunday
16 Feb 14
RAR
(2)
Week 3/4
Saturday
01 Mar 14
JY
(3)
Variations and Valuation of Variation
Definition, legal basis, types, causes, scope or limits, variation v new work; process
and procedures related to variations, contractor’s right to object; valuation of
variation works.
Certificate and Payment:
Legal basis; types of payment- interim, penultimate and final payment; contractor’s
right to payment; process of payment; the effect of interim certificate
Price fluctuation clauses
Contractor’s remedies for delay or non-payment, set-off, Summary judgment, section
182 Companies Act
Final account and final certificate; the conclusiveness of final certificate
Site Conditions
Contractor’s duty and liability relating to condition of the site under the common law
and the contracts;
Contract Administrator’s Instruction:
Legal Basis; Types/forms of instruction & compliance; Effects of non-compliance’
contractor’s right to object instructions
Week 9/10
Sunday
13 Apr 14
(4)
JY
Breach, suspension and determination of contract
Week 11/12
Commencement and Completion of the work:
Commencement of work and contract duration; meaning of completion and noncompletion of work; certificate of practical completion; defective work and defect
liability period; Stage completion and partial possession.
Time related provisions
Non-completion and Certificate of Non-completion; extension of time; basis for
extension of time; assessment of extension of time.
Liquidated damages (LAD) - time as essence of contract; time at large issues; rights of
employer and contractor pertaining to liquidated damages and extension of time
respectively; liquidated damages – legal basis, provision in Contract Act 1950,
contractual provisions & current legal issues.
Sunday
27 Apr 14
(5)
RAR
MSc CCM (Part 3)
Legal basis of breach and discharge of contract; remedy for breach of contract under
construction contract and common law.
Legal basis; suspension and determination under common law and Contract Act 1950;
determination under standard forms, effects of determination.
4
Semester 2_2012/2013
MBG1244 – CONSTRUCTION CONTRACT STUDIES 2
LECTURE PROGRAMME:
Week 15/16
Sunday
25 May 14
(6)
RAR
Contractor’s Claims for loss and expenses
Delays and disruption to regular progress of the Work; Legal basis of contractor’s right
to claim; the process and procedure for making the claim; notices and information
and Global claims;
Sub-contract:
Legal basis, contractual links; incorporation of main contract terms into subcontracts;
main contractor’s liability with respect to subcontractor’s and employer’s breaches of
contract.
READING LIST
1)
David Chappell, Building Law Encyclopaedia, Ames, Iowa :Wiley-Blackwell Pub., 2009
2)
David Chappel, Standard Letters For Building Contractors [electronic resource] (4 ed.), Oxford, UK,
Blackwell,2008
3)
David Chappel, Understanding JCT Standard Building Contracts, Abingdon, Oxon : Taylor and Francis
2007
4)
David Chappel, The Architect in Practice, 2005
5)
David Chappel, Building Contract Claims, 2004
6)
Bob Greenstreet, Legal and Contractual Procedures for Architects, 2003
7)
Harbans Singh, K.S., Engineering and construction contracts management, Kelana Jaya, MLJ, 2002
8)
Harbans Singh, K. S., Engineering and Construction Contracts Management: pre-contract award
rd
practice (3 ed.), Dayton, Ohio :LexisNexis, 2007
9)
Construction Specifications Institute, The CSI construction contract administration practice guide,
Hoboken, N.J. :Wiley, 2011
th
10) Michael D., Robinson, A contractor's guide to the FIDIC conditions of contract, Hoboken, [N.J.]
:Wiley-Blackwell, 2011
nd
11) David Chappel, Construction contracts : questions and answers (2 ed.), New York, NY : Spon Press,
2011
12) Ansley, Robert B., Smith, Currie and Hancock's common sense construction law [electronic resource]:
a practical guide for the construction professional (4th ed.), Habokwn, NJ :Wiley, 2009
13) Eggleston, Brian, Liquidated Damages and Extensions of Time in Construction Contracts (3rd ed.),
West Sussex, ENK :Wiley-Blackwell, 2009
nd
14) Davison, R. Peter, Evaluating Contract Claims (2 ed.), London :John Wiley, 2009
15) Levine, Marshall, Construction Insurance and UK Construction Contracts (2nd ed.), London :Informal
Law, 2008
16) Gibson, Roger, Construction Delays : extensions of time and prolongation claims, London ;
Routledge, 2008
17) Barnes, Peter, Subcontracting Under The JCT 2005 Forms, Oxford, UK :Wiley-Blackwell, 2008
18) Nasser Hamid, Interpretation Of Contracts, Petaling Jaya :Gavel Publications, 2008
19) John Murdoch and Will Hughes, Construction Contracts: law and management (4th ed.), Abingdon,
Oxon :Taylor & Francis, 2008
MSc CCM (Part 3)
5
Semester 2_2012/2013
MBG 1244: Construction Contract Studies 2
READING LIST
nd
20) Adriaanse, J., Construction Contract Law: the essentials (2 ed.), Basingstoke :Palgrave Macmillan,
2007
21) Russell, Victoria, Construction Law and Management, London :Informal Law,2007
22) Michael Furmston, Powell-Smith & Furmstons Building Contract Casebook (4th ed.), Blackwell
Publishing, 2006
23) Totterdill, Brian W., FIDIC User's Guide: A Practical Guide to the 1999 Red and Yellow Books, London:
Thomas Telford, 2006
24) John Uff, Construction Law: Law and Practice Relating to the Construction Industry (9th ed.), London
:Sweet & Maxwell, 2005
25) Cheng, Teresa Y. W., Construction Law and Practice in Hong Kong, Hong Kong :Thomson/Sweet &
Maxwell Asia, 2004
26) Ben Patten, Professional Negligence in Construction, London : Spon Press, 2003
27) Chow Kok Fong, Construction Law Casebook, Singapore :Lexis Nexis, 2003
28) Malayan Law Journal, Malaysian Precedents & Forms, Kuala Lumpur: MLJ, 2000
MSc CCM (Part 3)
6
Semester 2_2012/2013
Subject
Semester
MBG1253 – ARBITRATION
2
Lecture
3 hours/week
0 jam/minggu
Status
CORE
Tutorial/Seminar
Pre-condition
None
Credit
3
Lecturer in charge
Assoc. Prof. Dr. Maizon Hashim and Mr. Jamaludin Yaakob
SYNOPSIS
This course discusses the law relating to domestic and international arbitration in Malaysia. It generally
examines the arbitration process and procedure as set out in the legislation, the institutional rules and
arbitration agreements. In the course of the discussions, it makes specific reference to the Arbitration Act
2005, the KLRCA and UNCITRAL rules and the PWD and PAM standard forms of contract. It gives special
attention to matters relating to the arbitrators, their appointments and powers; the various steps and
procedures in arbitration proceedings and procedure for stay of proceedings; awards, their enforcement
and setting aside of awards.
Learning outcome
After successfully completing this subject, the students should be able to:
a)
Explain the principles of arbitration in construction
b)
Advise on the feasibility of referring construction disputes to arbitration
c)
Commence arbitration proceeding under construction contract
d)
Advise on enforcement and setting aside of valid arbitration award
Teaching and learning approach
The teaching and learning for this subject involve formal lectures, seminars, group discussions and course
work. Students will be given written course works or assignments to be done either individually or in
groups. The assignments will be assessed as part of the continuous assessment.
Assessment:
The assessment for this subject will be continuous and based on the course works, mock arbitration
proceeding and final examination. The course works will assessed based on both written work and
technical presentation. The distribution of the marks is as follows:
MSc CCM (Part 3)
Courseworks
:
60 %
Final examination
:
40 %
Total Marks
:
100 %
7
Semester 2_2012/2013
MBG1253 – ARBITRATION
LECTURE PROGRAMME:
Week
Week 3/4
Sunday
2 Mar 14
(1)
MH
Lecture Outline
Introduction to course
Introduction to the course and its importance to the programme and the students
Introduction to Arbitration
Definition of arbitration; historical background of arbitration in Malaysia and other
countries
An overview of the use of arbitration as a method of disputes settlement associated
with inheritance, land acquisition, tenancy, industrial relation, international investment
and other industries.
The general perspective of arbitration in the construction environment and its
development
Types of arbitration, aadvantages & disadvantages of arbitration; comments and
criticism against arbitration.
Week 7/8
Saturday
29 Mar 14
(2)
MH
Laws and statutes on Arbitration
The laws and statutes governing arbitration – Arbitration Acts, various institutional rules
and arbitration agreement; overview of Arbitration Act 2005
Malaysian and international Institute of Arbitrators
Process and Procedure of Arbitration
Reference to arbitration: arbitration agreement – objectives, forms, contents and scope
Appointment of arbitrator
Under arbitration agreement, under arbitration rules, by the court, duties,
responsibilities and power of arbitrators, cancellation of arbitrator’s power, termination
of appointment of Arbitrators and liability of arbitrator.
Week 9/10
Saturday
12 April 14
JY
(3)
Arbitration proceedings:
Arbitration proceedings under arbitration agreement, under institutional rules and
contracts.
Preliminary meetings; pleadings; inspection of documents and discovery;
interrogatories; interlocutory applications; consolidation; orders for direction.
Hearing; witness, expert witness; rules of evidence, case stated proceedings.
Stay of proceedings
Legal basis; statutory provisions, conditions and procedures; grounds for granting of
stay.
Week 11/12
Saturday
26 April 14
MH
(4)
Arbitration Award:
forms of award, condition of valid award, enforcement, amending, remitting and
cancelling award, award stated as a special case
Setting aside Award:
Legal basis, statutory provisions, grounds for setting aside awards, arbitrator’s
misconducts.
Cost and interest in arbitration
International arbitration
MSc CCM (Part 3)
8
Semester 2_2012/2013
MBG 1253 – Arbitration
READING LIST
1)
Lexis, International Arbitration Rules [electronic resource], Lexis, Access Restriction:
Remote access restricted to users with a valid UTM ID via VPN
2)
Lexis, Construction Industry Arbitration Rules [electronic resource], Lexis, Access
Restriction: Remote access restricted to users with a valid UTM ID via VPN
3)
Strong, S. I., Research and Practice in International Commercial Arbitration : sources and
strategies, London, UK :OUP Oxford, 2009
4)
Bishop, R. Doak, Multiple Party Actions in International Arbitration, London, UK :OUP
Oxford, 2009
5)
Peter Turner, A guide to the LCIA Arbitration Rules, London, UK :OUP Oxford, 2009
6)
Hilary Heilbron, A Practical Guide to International Arbitration in London, London, UK
:Informa Law, 2008
7)
Ben Horn, Arbitration Law Handbook, London, UK : Informa Law, 2007
8)
Sundra Rajoo, The Arbitration Act 2005 : UNCITRAL Model Law as applied in Malaysia,
Petaling Jaya, Selangor :Sweet & Maxwell Asia, 2007
9)
Institution of Civil Engineers (Great Britain), ICE Arbitration Procedure (2006), London, UK :
Thomas Telford, 2006
10) Philip Capper, International Arbitration : a handbook (3rd ed.), London, UK :Informa
Business Publishing, 2004
11) Peter Sanders, The Work of UNCITRAL on Arbitration and Conciliation (2nd ed.), The Hague
:Kluwer Law International, 2004
12) Alvarez, Henri C., Model Law Decisions: cases applying the UNCITRAL Model Law on
International Commercial Arbitration (1985-2001), The Hague :Kluwer Law International,
2003
MSc CCM (Part 3)
9
Semester 2_2012/2013
Subject
Semester
Status
Pre-requisite
MBG1353 – ALTERNATIVE DISPUTE RESOLUTION AND ADJUDICATION
2
MAJOR CORE
None
Lecture
3 hours/week
Tutorial/Seminar
0 jam/minggu
Credit
3
Teaching Team
Assoc. Prof. Dr. Maizon Hashim and Mr. Jamaludin Yaakob
Synopsis
This course introduces students the various methods of dispute resolution that may be utilised in the
construction industry as alternatives to litigation and arbitration. It gives special treatment to the
adjudication provisions set out in the proposed Construction Industry Payment and Adjudication Act that
is in the process of being introduced as legislation in the Malaysian Parliament. The other methods
examined under the course include the processes and procedures in mediation, conciliation and dispute
review board. It refers to the PAM, CIDB and UNCITRAL mediation rules as guidelines. However, the list is
not exhaustive. It will certainly consider other methods as and when they become relevant to the
Malaysian construction industry.
Learning Outcome
After completing this subject, the students should be able to:
1.
Critically discuss the concept and legal principles of alternative dispute resolution
2.
Advise on the merits and demerits of the various ADR and their applicability in relation to the nature
of disputes, project attributes and environment
3.
Evaluate and select a dispute resolution method appropriate to the nature of disputes, project
attributes and environment
4.
Discuss in detail the process and procedure of conducting selected ADR methods.
Teaching and learning approach
The teaching and learning for this subject involve formal lectures, seminars, group discussions and course
work. Students will be given written course works or assignments to be done either individually or in
groups. The assignments will be assessed as part of the continuous assessment.
Assessment
The assessment for this subject will be continuous and based on the course works and final examination.
The course works will assessed based on both written work and technical presentation. The distribution
of the marks is as follows:
MSc CCM (Part 3)
Courseworks
:
60 %
Final examination
:
40 %
Total Marks
:
100 %
10
Semester 2_2012/2013
MBG1353 – ALTERNATIVE DISPUTE RESOLUTION AND ADJUDICATION
Lecture Programme:
Week
Week 5/6
Saturday
15 Mac 14
Lecture Outline
Lecturer
Introduction to the course
Review of the source, its importance to the programme and students
Construction disputes,
MH
Definition, nature, causes and implication to the project and the parties
(1)
General discussion
The various dispute resolution approaches – history and development from various
perspectives
Alternative dispute Resolution (ADR)
Definition, concept, ADR as non-adversarial dispute resolution; application of ADR, its
merit and demerit compared to litigation and arbitration; types of ADR
Week 5/6
Sunday
16 Mar 14
MH
(2)
Adjudication
Week 7/8
Sunday
30 Mar 14
Construction Industry Payment and Adjudication Act (CIPAA)
(3)
MH
Week 13/14
Saturday
10 May 14
(4)
JY
Concept, features and historical development, adjudication process and procedure;
appointment of adjudicator, adjudication proceedings; Adjudication decision (award);
enforcement of adjudicator’s decision, Setting aside adjudicator’s decision.
The concept, the historical background and development; overview of the proposed
draft bill, operation of security of payment rules.
Other ADR practice
Other methods or approach of dispute settlement practiced by various races, culture,
customs, localities and religions in Malaysia.
Litigation
Mode of proceedings, stages of proceedings, trials, judgments and enforcements.
Mediation
Concept, features, conditions, legal requirements and procedures, institutional rules,
settlement agreement and enforcement
Conciliation
Concept, features, conditions, legal requirements and procedures, institutional rules,
settlement agreement and enforcement
Dispute review board
Concept, features, conditions, legal requirements and procedures, institutional rules,
settlement agreement and enforcement
MSc CCM (Part 3)
11
Semester 2_2012/2013
MBG 1353 – Alternative Dispute Resolution and Adjudication
READING LIST
1)
American Society of Civil Engineers, Journal Of Legal Affairs And Dispute Resolution In Engineering
And Construction [Electronic Resource], 2009 (Electronic Access:
http://NU5AR5YY2U.search.serialssolution s.com/?V=1.0&L=NU5AR5YY2U&S=JCs&C=JOLAA&
T=marc )
2)
Penny Brooker, Mediation in the Construction Industry: an International Review, London ;Spon
Press, 2010
3)
Gwyn Owen, Dispute Boards : Procedures And Practice, London: Thomas Telford, 2008
4)
Morgan, D. Brian, Dispute Avoidance: a non-confrontational approach to the management of
construction contracts, London :RIBA Enterprises, 2008
5)
Cyril Chern, Chern on Dispute Boards, Oxford, UK :Blackwell Publishing, 2008
6)
David Richbell, Mediation of Construction Disputes, Oxford, UK :Blackwell Publishing, 2008
7)
Chan, Philip Chuen Fye, Statutory Adjudication in Singapore : the act, standard forms and
determinations, Singapore :Sweet And Maxwell, 2008
8)
Peter Coulson, Construction Adjudication, New York, NY: OUP Oxford, 2007
9)
Robert Gaitskell, Engineer's Dispute Resolution Handbook, 2006
10) Jeremy Glover, Building Contract Disputes : materials and cases handbook, London :Sweet &
Maxwell, 2005
11) Reynolds, Michael P., The Expert Witness in Construction Disputes, Oxford :Blackwell Science, 2002
12) Carmichael, David G. Disputes and International Projects, Lisse, Netherlands: AA Balkema, 2002
13) Edwards, Leslie, Practical Adjudication for Construction Professionals, London: Thomas Telford, 2002
MSc CCM (Part 3)
12
Semester 2_2012/2013
M.Sc. IN CONSTRUCTION CONTRACT MANAGEMENT
EXAMINATION TIME-TABLE
PART-TIME/PERSISIR PROGRAMME
KUALA LUMPUR CENTRE
PART 3
SEMESTER 2 SESSION 2013/2014
Date/time
Sunday
1 June 2014
9.00 – 12.00
Sunday
8 June 2014
9.00 – 12.00
Sunday
15 June 2014
9.00 -12.00
MSc CCM (Part 3)
Course
MBG 1353
Alternative Dispute Resolutions & Adjudication
MBG 1253
Arbitration
MBG 1244
Construction Contract Studies 2
13
Invigilator
Dr. Maizon
Hashim
Ms Hamizah
Liyana Tajul
Ariffin
Mr. Jamaludin
Yaakob
Semester 2_2012/2013
M.Sc IN CONSTRUCTION CONTRACT MANAGEMENT PROGRAMME
COURSES OFFERED (FOR PART-TIME/PERSISIR) PROGRAMME
PART 1
Code
Subjects
Credit
MBG1133
Construction Economics (Ekonomi Pembangunan Projek)
3
MBG1144
Project Management & Operational Research (Pengurusan Projek &
Penyelidikan Operasi)
4
MBG1213
Law of Contract, Tort, Agency & Sales of Goods (Undang2 Kontrak, Tort, Agensi
dan Jual Beli )
3
MBG1113
Construction Environment (Persekitaran Pembinaan) **
3
TOTAL CREDIT
10
PART 2
Code
Subjects
Credit
MBG1223
Land, Planning & Environmental Law (Undang2 Tanah, Perancangan & Alam
Sekitar)
3
MBG1233
Construction Project Procurement (Perolehan Projek Binaan)
3
MBG1433
Case Studies (Kajian Kes)
3
MBG1243
Contract Studies 1 (Kajian Kontrak 1)
3
MBG1123
Construction Project Development (Pembangunan Projek Binaan)**
3
TOTAL CREDIT
12
PART 3
Code
Subjects
Credit
MBG1244
Construction Contract Studies 2 (Kajian Kontrak Binaan 2)
4
MBG1253
Arbitration (Timbangtara)
3
MBG1353
Alternative Dispute Resolution & Adjudication (Penyelesaian Pertikaian
Alternatif dan Adjudikasi)
3
TOTAL CREDIT
10
PART 4
Code
MBG2415
Subjects
Credit
Master Project (Dissertation)
5
TOTAL CREDIT
5
UNIVERSITY SUBJECTS (offered every semester)
Code
Subjects
Credit
UHP6013
Seminar on Development and Global Issues (Seminar Pembangunan dan Isu
Global)*
3
UHW6023
Philosophy of Science and Social Development (Falsafah Sains dan
Pembangunan Sosial)*
3
TOTAL CREDIT
3
* Students are required to take only ONE of these TWO university subjects at anytime during the duration
of the programme.
MSc CCM (Part 3)
14
Semester 2_2012/2013
** Students with LLb may register for MBG1113 and MBG1123 in lieu of MBG 1213 dan MBG 1223.
MSc CCM (Part 3)
15
Semester 2_2012/2013
_____________________________________________
DEPARTMENT OF QUANTITY SURVEYING
FACULTY OF BUILT ENVIRONMENT
MASTER OF SCIENCE IN
CONSTRUCTION CONTRACT MANAGEMENT
(Part-Time - Part 4 - Kuala Lumpur)
LECTURE PROGRAMME
Semester 2 Session 2013/2014
February 2014
MSC CCM KL PART 4
Semester 2 Session 2013/14
The Philosophy of the Programme
The process of procuring construction projects are getting more complex and challenging not only
because projects are getting bigger, taller and more sophisticated but also due to greater
involvement of specialist and professional consultants, specialist subcontractors, and increasing
internationalization of the construction market. Clients are now asking for more efficient and
effective management approaches as well as speedier, simpler and less intricate project
procurement systems and contractual arrangements. There is currently an increasing use of nontraditional systems that emphasise on co-operative relationship between the principal and
contractor and other stakeholders within a construction project. Examples of such systems include
Public-Private Partnering (PPPs) aka Private Finance Initiatives (PFIs) and alliances such as "pure"
or "project" alliances and "impure" or "strategic" alliances. This development inevitably leads to
changes to the rights, duties and risks of the participating parties and to the management
approaches. Therefore, it is absolutely necessary for today’s project managers and/or contract
managers to be extremely well verse with the legal and procedural aspects of construction law and
the various procurement systems.
The basic philosophy of this programme is that
“a project manager or contract manager will be more adept to evaluate and select an
appropriate procurement approach and managing its contractual and procedural aspects
more efficiently and effectively, if he/she is very conversant with construction law and
operational aspects of the various contracting systems. At the same time, he/she can be a
better manager and arbitrator if he/she has a thorough knowledge about arbitration and
other dispute resolution approaches.”
The Aim of the programme
The programme is designed to provide advanced education to construction and engineering
professionals and graduates who are seeking greater knowledge and experience in construction
law and operational aspects of the various construction procurement systems and wishing to
broaden their careers into the specialised field of construction contract management.
Course offered in Semester 2 Session 2011/2012
MBG 2415
Master Research Project (Dissertation)
5 Credits
Dr. Rosli Abdul Rashid, Dr. Maizon Hashim, Dr. Nur
Emma Mustaffa, Mr. Jamaludin Yaakob, Ms
Hamizah Liyana Tajul Ariffin
Total Credit
MSc CCM KL PART 4
5 Credits
1
Semester 2 2011/12
Subject
Semester
Status
Pre-requisite
MBG2415 – MASTER RESEARCH PROJECT
2
Core Major
Must pass all courses offered in
the earlier Semesters
Lecture
Own study
Tutorial/seminar
Own study
Credit
5
LECTURERS
Assoc. Prof. Dr. Rosli Abdul Rashid, Assoc. Prof. Dr. Maizon Hashim, Assoc. Prof. Dr. Nur Emma Mustaffa,
Mr. Jamaludin Yaakob, Ms Hamizah Liyana Tajul Ariffin and Dr. Muzani Mustapa
SYNOPSIS
It is a research project that the students have to undertake in order to fulfill the requirement for the
award of the master degree. It emphasises on scientific research involving identifying problems, issues and
current news or events that require solutions, innovations, improvement or change based on established
theories or models or practices. This would also involve wide literature search and analysis, case studies
and interviews. This is aimed at further improving the students’ thinking aptitude, analytical competency,
problem solving capability and creativity. The course also makes it a point to organise the viva voce as an
integral part of a formal seminar. Each student is required to prepare a seminar paper based on his/her
research and presenting it in the seminar cum viva which is open to participants from the industry. It
provides a platform for students to further develop their confidence in forwarding and discussing new
ideas, knowledge and experience in public. It is also a vehicle for the university to “transfer and
disseminate” its research findings.
OBJECTIVE OF THE SUBJECT
The main aim of the subject is to enhance the ability and competency of the students in carrying out
research work either for academic, industrial or commercial purposes.
After completing the subject, the students should be adept and capable to:
a)
Identify contemporary issues and problems and carry out scientific or empirical research in order to
explain current state of knowledge, to forecast future trends, to suggest solutions, to innovate or to
develop new knowledge;
b) Identify and gather relevant data and information
c)
Select an appropriate method or technique for the collection and analysis of data for the research;
d) Synthesise and analyse the data, interpret the results
e) Writing a comprehensive but precise reports
MSc CCM KL PART 4
2
Semester 2 2011/12
THE SCOPE OF THE STUDY
The programme is design to focus on 4 specialised areas, namely Construction Contract Study, Project
Procurement System and Professional Liabilities and Dispute Resolution. Therefore, the research project
under this programme should look into these four specialised areas:
a)
Construction Contract Studies – which should cover the aspects of Standard Forms Construction
Contract, the problems, the interpretation, issues and cases associated with the Terms and
Conditions of the various contracts, the changes and development and the issues and problems
associated with them;
b)
Construction Project Procurement – that covers the legal and managerial aspects of the
construction project procurement, their changes and development, current issues as well as the
associated issues and problems.
c)
Professional Liabilities – that covers the contractual and administrative aspects of the procurement
of consultants and design teams including issues on professional liabilities.
d)
Arbitration - which should cover the critical study of the merits and demerits of arbitration,
process, procedure and the proceedings of arbitration, their development as well as issues and
problems associated with arbitration.
e)
Alternative Dispute Resolutions – which should cover the critical study of the various approach of
dispute resolution, their development, current issues and the legal, administrative and economic
problems and risks issues associated with them.
STUDY APPROACH
Master research project is an academic research work which is the pre-requisite to the award of Master
Degree. It is an individual work that must carried out by each student studying the programme. The
students must carry out the research project according to the rules and procedures set out by the
Universiti Teknologi Malaysia. Students are required to obtain the Rules and Procedure for Research
Project Writing from the SPS.
Although the they will be given lectures on research methodology, students are expected to read books,
journals and papers in order to further familiarize themselves with the art and science of research.
Each student will be assigned to a supervisor to advise them in developing a research proposal, preparing
the research design, data collection, analysis and in report writing. Students are encouraged to regularly
meet their supervisors and discuss their work. However, it must be pointed out that 90% of the work and
effort must be from the students themselves.
ASSESSMENTS
The assessment for this subject will be based on the research proposal, report writing and viva. The
allocation of the mark is as follows:
Research Proposal
Report writing
Viva (seminar)
Total
MSc CCM KL PART 4
20 %
60 %
20%
100 %
3
Semester 2 2011/12
STUDY PROGRAMME
Week/Date
(0)
Saturday
25 January 14
Content
Lecturer
Viva for the approval of research proposal and assignment of
Supervisor
RAR & MH
(0)
Friday
8 Feb 2014
(1)
Saturday
16 Feb 2014
(4)
Saturday
15 Mar 2014
(8)
Saturday
12 Apr 2014
(15)
Saturday
25 May 2014
Before 3.00pm
(17)
Saturday
7 June 2014
To be informed
Students finalise research proposals and submit to
supervisors for endorsement.
MH
1st. Meeting with individual supervisor
(Students and supervisors may make alternative
arrangements for convenience purposes)
Supervisors
nd
2 . Meeting with individual supervisor
(Students and supervisors may make alternative
arrangements for convenience purposes)
Supervisors
3rd. Meeting with individual supervisor
(Students and supervisors may make alternative
arrangements for convenience purposes)
Submission of final draft of the thesis to SPS-KL office.
Students must submit 2 copies of their dissertation in ring
binding.
Supervisors
MH
Assigning 2nd examiners
Students’ Seminar and Dissertation Presentation
Students are required to prepare a 5–7 pages seminar paper
based on their research and to be presented in the
seminar/viva
Submission of 2 copies of bounded thesis with two copies of
CD in PDF format to Pn Lelawati (SPS-KL)
MH
MH
Reading list
All related books, journals, reports and electronic references
MSc CCM KL PART 4
4
Semester 2 2011/12
M.Sc IN CONSTRUCTION CONTRACT MANAGEMENT PROGRAMME
COURSES OFFERED (FOR PART-TIME/PERSISIR) PROGRAMME
PART 1
Code
Subjects
Credit
MBG1144
Project Management & Operational Research (Pengurusan Projek &
Penyelidikan Operasi)
4
MBG1213
Law of Contract, Tort, Agency & Sales of Goods (Undang2 Kontrak, Tort, Agensi
dan Jual Beli )
3
MBG1133
Construction Economics (Ekonomi Pembinaan)
3
MBG1113
Construction Environment (Persekitaran Pembinaan) **
3
TOTAL CREDIT
10
PART 2
Code
Subjects
Credit
MBG1433
Case Studies (Kajian Kes)
3
MBG1223
Land, Planning & Environmental Law (Undang2 Tanah, Perancangan & Alam
Sekitar)
3
MBG1233
Construction Project Procurement (Perolehan Projek Binaan)
3
MBG1243
Contract Studies 1 (Kajian Kontrak 1)
3
MBG1123
Construction Project Development (Pembangunan Projek Binaan)**
3
TOTAL CREDIT
12
PART 3
Code
Subjects
Credit
MBG1244
Construction Contract Studies 2 (Kajian Kontrak Binaan 2)
4
MBG1253
Arbitration (Timbangtara)
3
MBG1353
Alternative Dispute Resolution & Adjudication (Penyelesaian Pertikaian
Alternatif dan Adjudikasi)
3
TOTAL CREDIT
10
PART 4
Code
MBG2415
Subjects
Credit
Master Project (Dissertation)
5
TOTAL CREDIT
5
UNIVERSITY SUBJECTS (offered every semester)
Code
Subjects
Credit
UHP6013
Seminar on Development and Global Issues (Seminar Pembangunan dan Isu
Global)*
3
UHW6023
Philosophy of Science and Social Development (Falsafah Sains dan
Pembangunan Sosial)*
3
TOTAL CREDIT
3
* Students are required to take only ONE of these TWO university subjects at anytime during the duration
of the programme.
** Students with LLb may register for MBG1113 and MBG1123 in lieu of MBG 1213 dan MBG 1223.
MSc CCM KL PART 4
5
Semester 2 2011/12
MSc CCM KL PART 4
6
Semester 2 2011/12

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