PAM CONTRACT 2006

A More Balanced Allocation of Risk?

A Roadmap to Effective Contract Administration
Tuesday, 19 JANUARY 2010
THE LEGEND HOTEL
KUALA LUMPUR

0815 0900 Registration & Breakfast

Session 1 Overview of PAM Contract 2006 by Ong See Lian

An overview of salient changes and features in PAM2006, highlighting changes made in
0900 - 0945 PAM 2006 as compared to PAM 1998.
Discussion on some missed opportunities and the shift in apportionment of risks between
Employer and Contractor

Session 2 Project and Contract Management Related Issues by Ong See Lian
Discussion on the rights and obligations of the parties, contract documents and
0945 - 1045
discrepancies, architects instructions & confirmation, quality of workmanship and
materials, remedies and related issues.

Session 3 Time Related Issues by Tan Swee Im

Discussion on contractual timeline covering commencement, certificate of practical
1045 1130 completion, certificate of non-completion, certificate of making good defects & their
implications
Clarification on the preservation of rights under the EOT clause, relevant events for time
extension, time-at-large, and impact on suspension of works

Session 4 Money Related Issues by Ong See Lian

Discussion on the payment provisions, variations and valuation of variations, provisional
1130 1215
and prime cost sums, final claims, final accounts and final certificate and their
implications
1215 - 1300 Panel Discussion (Q & A Session)
1300 - 1400 Lunch & Networking
Session 5 Loss & Expense Related Issues by Tan Swee Im
Discussion on loss & expense caused by events that materially affect progress, claim
1400 - 1445
procedures, liquidated and ascertained damages and issues relating to set-offs against
payment
Session 6 Termination and Dispute Resolution by Tan Swee Im
Discussion on the defaults leading to determination, fundamental breaches and
1445 - 1530
procedural requirements such as service of notices
Discussion on dispute resolution mechanism, the hierarchy of dispute resolution methods
available, procedures and finality of award

1530 - 1615 Session 7 Nominated Sub-Contract Form 2006 by Ong See Lian
Discussion on the concept and underlying principles of Nominated Sub-contracting
Clarification on some salient clauses in PAM Sub-contract 2006
1615 - 1700 Panel Discussion (Q & A Session)
1700 Coffee/Tea with Light Refreshment and End of Seminar
 About The Speakers

Sr Ong See Lian KMN

BSc (Hons) PPISM FISM ICECA FRICS

Sr Ong holds a Bachelor with Honours in Quantity Surveying. He is a Registered Quantity Surveyor
with the Board of Quantity Surveyors Malaysia. He is also a Fellow of both the Institution of
Surveyors Malaysia and the Royal Institution of Chartered Surveyors, United Kingdom.

Sr Ong has more than 35 years of working experience in the public and private sectors of the
construction industry. He is currently a Partner with Juru Ukur Bahan Malaysia and a Director of
Davis Langdon & Seah (M) Sdn Bhd. He is also a CIDB Accredited Mediator and has handled
mediation and arbitration cases and has provided expert witness services.

He is the Past Chairman of the Pacific Association of Quantity Surveyors (PAQS), Past President of
ISM. He is the current Chairman of RICS Asia Board as well as a Council member of the RICS
International Governing Council. He was recently elected as the Vice-President of RICS for the
2009/2010 session, a first for Asian Chartered Surveyors.

Sr Ong a much sought after speaker at various conferences both locally and internationally. In
recognition of his vast contributions to the profession and the property and construction industry
he was awarded the PAQS Medal (2007), Malaysian Surveyor of the Year (2008) and ICEC Award of
Appreciation (2008).

Miss Tan Swee Im

Barrister-at-Law (Middle Temple)
Advocate and Solicitor of the High Court of Malaya, FCIArb, MMIArb

Miss Tan is a Barrister-at-Law and an Advocate and Solicitor of the High Court of Malaya. She is a
Fellow of the Chartered Institute of Arbitrators and a CIDB Accredited Mediator. She is the partner
of Tan Swee Im, P.Y. Hoh & Tai, a legal firm that specialises in construction, infrastructure and the
energy sector. In addition she was an in-house counsel for a public listed company and has
extensive arbitration experience.

She was key member of the drafting team on the first independent power plants in Malaysia, the KL
International Airport, the Malaysia-Singapore Second Singapore Crossing projects and many other
major projects in Malaysia. Her international experience extends to Cambodia and Myanmar, when
she participated in the negotiation of their international airport contracts and projects in the Middle
East, South Africa and Papua New Guinea. Her experience in the construction industry ranges
from the procurement strategy stage through to dispute resolution, acting for prominent
international and public listed construction and engineering companies.

Miss Tan is an active contributor to the Master Builders Association of Malaysia and was actively
involved in the drafting of the CIDB Form of Contract for Building Works and leads the drafting on
the new standard form of design and build contract promoted by the CIDB. She is a council member
of the Federal Territory of Kuala Lumpur & Selangor Branch of the Society of Construction Law and
a member of the committee developing the Malaysian Construction Protocols for delay, disruption
and other construction related issues.
 Registration Form
PAM Contract 2006 -
A More Balanced Allocation of Risk?
A Roadmap to Effective Contract Administration
On 19th January 2010
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