Department of Quantity Surveying

Faculty of Built Environment

MASTER OF SCIENCE IN
CONSTRUCTION CONTRACT MANAGEMENT
(PART - TIME, Part 3 Kuala Lumpur)

LECTURE PROGRAMME
Semester 1 Session 2015/2016

September 2015

MSc. CCM KL Pt.3 2015/16 (1)

Semester 1

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 more professional consultants, specialised firms and companies are
also involved Increasing number of corporate and public clients are now asking for
more efficient and effective management approach as well as speedier, simpler and
less intricate project procurement systems and contractual arrangement. At the
same time the construction industry has significantly becoming more globalised as
such much procurement, legal and managerial process and procedure are now being
internationalized. It has led to the increasing use of various non-traditional and
international contracting systems such as Design and Build Contract, Management
Contracting, Cost Reimbursable Contract, BOT Contract, Direct Investment Contract
etc. that saw many changes to the legal and procedural practices and approaches.
It is therefore very apt for todays project managers and/or contract managers to be
very 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 professional 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 with emphasise on project procurement,
contracting and contract management and dispute resolutions.

COURSES OFFERED BY PART 3 OF THE PROGRAMME

CODE
MBEG 1134
MBEG 1123
MBEG 1113

COURSE
Construction Contract Studies 2
(Mr. Jamaludin Yaakob, Mr. Norazam Othman)
Alternative Dispute Resolution (ADR) &
Adjudication
(Assoc. Prof. Dr. Maizon Hashim, Mr. Jamaludin Yaakob)
Arbitration
(Assoc. Prof. Dr. Maizon Hashim, Mr. Jamaludin Yaakob)
Total Credit

MSc. CCM KL Pt.3 2015/16 (1)

CREDIT
4
3
3
10

Semester 1

Course
Semester

MBEG1134 CONSTRUCTION CONTRACT STUDIES 2

3

Lecture

Status

CORE

Tutorial/Seminar

Pre-condition

None

Credit

See Lecture
programme
0 hours/week
4

Lecturers
Mr. Jamaludin Yaakob & Mr. Norazam Othman
Objective of the subject:
After completing this subject, the students should have a good knowledge and deep
understanding on the followings:
No
.
1.

2.

3.

4.

Course Learning Outcomes

Demonstrate the mastery knowledge
on the legal basis of the important
terms used in construction contracts;
Identify and discuss critical issues
relating to those important terms;
apply the legal basis and contractual
terms in giving legal opinions,
drafting contractual terms, solving
legal problems and settling legal
disputes relating to construction
contracts;
Manage information required for
lifelong learning.

Program
me
Outcomes

Taxonomie
s and
Soft-Skills

Assessme
nt
Methods

P01

C1, C2,
CTPS4

CW, FE

P02,P03

C3, C4,
A2,A3,,
CTPS5

CW, FE

P02, P06

C3, C4,
A3,C5,C6

CW, FE

CS4

P07

C4, P5,
P6,A4,LL3

CW

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 course works 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 KL Pt.3 2015/16 (1)

Semester 1

Method

Number

% Total

% Total

Assignments

20

60

Final Examination

40

40

Total

Week
Week 6 Week13
16

100

LECTURE PROGRAMME:
MBEG1134 CONSTRUCTION CONTRACT STUDIES 2
Week/ Date
1
Saturday
12.9.2015

Lecture Outline
Duties and obligations of employers and
contractors under the Contract

Lecturer
Mr. Jamaludin
Yaakob

Statutory duties; Contractual duties; Express

and Implied duties.
Site Possession
Legal basis; duty of giving possession of site;
risk of condition of site; level and setting out;
delay in giving site possession; condition
precedence to site possession and
commencement of work
Site Condition
Risk of site conditions under the common law
and exceptions, under standard forms, site
inspection, site investigation report, differing
site conditions, liability of consultants

2
Sunday
13.9.2015

Contract Administrators Instruction

Legal Basis; Types/forms of instruction &
compliance; effects of non-compliance
contractors right to object instructions

Mr. Jamaludin
Yaakob

Performance of the work

Provisions in standard forms, time of
commencement, cost, types and quality of
materials and workmanship
Determination of Contract
Legal basis for termination of construction contract;
determination under common law and Contract
Act 1950,contractual provisions in standard forms,
conditions and procedures, effects of determination

MSc. CCM KL Pt.3 2015/16 (1)

Semester 1

Week/ Date
3
Saturday
26.9.2015

Lecture Outline
Variation Order
Definition of variation, legal basis of variation
orders, types of variation orders, causes of
variation orders, scope or limits, variation v new
work; process and procedures related to
variations, contractors right to object;
valuation of variation works

Lecturer
Mr. Norazam
Othman

Certificates
Use of certificates in standard forms, type of
certificates, format of certificates, legal effects
of certificates, effects of non-issuance of
certificates.
4
Sunday
27.9.2015

Payments
Legal basis; provisions in standard forms, types
of payment- interim, penultimate and final
payment; contractors right to payment;
process of payment, interim certificates, setoff, remedies for delay or non-payment,
summary judgment, section 182 of Companies
Act 1965, CIPAA 2012

Mr. Norazam
Othman

Completion of the Work

Meaning of completion and non-completion of
work; certificate of practical completion;
defective work and defect liability period, stage
completion and partial possession, remedies for
non-completion
5
Saturday
31.10.2015

Time related terms

Extension of Time: Time for completion and
time as essence of contract, legal basis for
extension of time, contractual provisions,
relevant events

Mr. Norazam
Othman

Liquidated and Ascertained Damages:

legal basis for liquidated damages, liquidated
damages and penalty, conditions and
procedure, issues relating to requirement for
proof of loss
Claim for Direct Loss &Expenses: legal
basis for contractors claim for direct loss and
expense due to employers breach of contract,
contractual provisions, notice as condition
precedent, global claims
Subcontracting
Legal basis of subcontracting, types of
subcontracts, contractual provisions, standard
forms of subcontracts, contractual links,
incorporation of main contract terms into
subcontracts, main contractors liability with
respect to subcontractors and employers
MSc. CCM KL Pt.3 2015/16 (1)

Semester 1

Week/ Date

Lecture Outline

Lecturer

breaches of contract

6
Sunday
1.11.2015

International Contracting
Definition of international contracting,
governing laws, international conventions,
modus operandi, legal matters that need to be
considered when venturing into international
contracts, international standard forms, terms
that should be included in international
contracts

Mr. Jamaludin
Yaakob

REFERENCES

1. John Murdoch and Will Hughes, Construction Contracts: law and

management (4th ed), Taylor & Francis, Oxon, 2008,

2. Nigel Robinson, et al, Construction Law in Singapore and Malaysia (2nd

ed), Malayan Law Journal, Kuala Lumpur, 1996

3. Lim Chong Fong, The Malaysian PWD Form of Construction Contract,

Sweet and Maxwell Asia, Petaling Jaya, 2004

4. Sundra Rajoo, Davidson and Harban Singh, PAM 2006 Standard Form of
Building Contract, Lexis Nexis, Kuala Lumpur, 2010

5. Harbans Singh KS, Engineering and Construction Contracts

Management, Malayan Law Journal, Kelana Jaya, 2002

6. Harbans Singh KS, Engineering and Construction Contracts

Management: pre-contract award practice (3rd ed), Lexis Nexis, Ohio,
2007

7. Harbans Singh KS, Engineering and Construction Contracts

Management: law and principles, Malayan Law Journal, Selangor, 2004

8. Harbans Singh KS, Engineering and Construction Contracts

Management: post-commencement practice, Lexis Nexis, Singapore,
2003

MSc. CCM KL Pt.3 2015/16 (1)

Semester 1

Course
Semester

MBEG1113 ARBITRATION
THREE

Lecture

Status

CORE

Tutorial/Seminar

Pre-condition

None

Credit

See Lecture
programme
0 jam/minggu
3

Lecturer in charge
Assoc. Prof. Dr. Maizon Hashim, and Mr. Jamaludin Yaakob
Learning outcome

No.

Programm
eOutcome

Course Learning Outcome

Taxonomi
e and
Soft-Skills

Assessme
nt
Methods

Demonstrate the mastery of

knowledge about the principles
and practice of arbitration

P01,P03

C2, P3, A2
CTPS3

Coursewok
& Final
Exam

Apply the practical skills and

legal issues associated with
arbitration

P02,P03

C3, P4, A2

Coursewok
& Final
Exam

CTPS3, CS2

Generate solutions to solve

problem associated with
construction disputes by way of
critical thinking and scientific
approach to arbitration

P06

C4, P5, A3,

CTPS4,LL2

Coursewok
& Final
Exam

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 assess
MSc. CCM KL Pt.3 2015/16 (1)

Semester 1

based on both written work and technical presentation. The distribution of the marks
is as follows:

Methods

Number

% Each

% Total

Courseworks

20

60

Final Examination

40

40

Total Marks

100

LECTURE PROGRAMME: MBEG1113 ARBITRATION

Week/Date
1
Saturday
19.9.2015

Lecture Outline

Lecturer

Introduction to Arbitration
Definition of arbitration; historical background
of arbitration in Malaysia and other countries

Assoc. Prof.
Dr. Maizon
Hashim

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
The advantages & disadvantages of arbitration
as compared with litigation and other methods
of dispute resolution
Comments and criticism against arbitration,
Review of the Arbitration Act 2005

2
Sunday

Appointment of arbitrator

Under arbitration agreement, under arbitration,

rules, by the court, duties, responsibilities and
power of arbitrators

Cancellation of arbitrators power

Termination of appointment of Arbitrator

Liability of arbitrator

20.9.2015

Assoc. Prof.
Dr. Maizon
Hashim

Arbitration Award:
Forms of award, condition of valid award,
enforcement, amending, remitting and
cancelling award
Setting aside award,
Cost and interest in arbitration.
3
Saturday

Laws and statutes on Arbitration

The laws and statutes governing arbitration
Arbitration Acts, various institutional rules and

MSc. CCM KL Pt.3 2015/16 (1)

Mr. Jamaludin
Yaakob

Semester 1

Week/Date
28.11.2015

Lecture Outline

Lecturer

arbitration agreement
Review 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
Arbitration proceedings:
Arbitration proceedings under arbitration
agreement, under institutional rules.

4
Sunday
29.11.2015

Arbitration hearing
Preliminary hearing, discovery, pleading, expert
witness, rules of evidence, case stated
procedure

Mr. Jamaludin
Yaakob

Stay of proceedings
The process, procedures and implication on the
disputing parties.
International Arbitration
Definition of international arbitration, reasons for
using international arbitration, governing laws,
international arbitration institutions and rules,
process and procedure, legal issues
5

Arbitration Clause in Construction Contracts

Saturday

Analytical study of Arbitration provisions in the

various standard form of construction contract
PAM2006. PWD 2010, CIDB 2000, FIDIC and any
international form of contracts.

12.12.2015

6
Sunday
13.12.2015

International Arbitration
Definition of international arbitration, reasons for
using international arbitration, governing laws,
international arbitration institutions and rules,
process and procedure, legal issues

Assoc. Prof.
Dr. Maizon
Hashim

Assoc. Prof.
Dr. Maizon
Hashim

READING LIST
1. Sundra Rajoo & WSW Davidson (2007), The Arbitration Act 2005 UNCITRAL
Model Law as applied in Malaysia, Sweet & Maxwell Asia.
2. Sundra Rajoo (2003), Law, Practice & Procedure of Arbitration, LexisNexis
3. Sundra Rajoo (2013), The Malaysian Arbitration Act 2005 (Amended 2011)-An
Annotation, LexisNexis, KLRCA
4. Vincent Powell-Smith & John Sims (1989), Construction Arbitrations A
Practical Guide, Legal Studies & Services Ltd.

MSc. CCM KL Pt.3 2015/16 (1)

Semester 1

5. Murdoch, J and Hughes, W (1996) Construction Contracts: Law and

Management (2nd. Edition), E & FN Spon, London.
6. Sundra Rajoo & Harbans Singh K.S (2012), Construction Law in Malaysia,
Sweet & Maxwell Asia
7. Peter Hibberd & Paul Newman ( 1999), ADR and Adjudication in Construction
Disputes , Blackwell Science Ltd., London
8. Arbitration Act 2005

Course
Semester

MBEG1123 ALTERNATIVE DISPUTE RESOLUTION AND

ADJUDICATION
THREE

Lecture

Status

CORE

Tutorial/Seminar

Pre-requisite

None

Credit

See Lecture
programme
0 jam/minggu
3

Teaching Team
Assoc. Prof. Dr. Maizon Hashim & Mr. Jamaludin Yaakob
Learning Outcome
After completing this subject, the students should be able to:

No.
1

Course Learning Outcomes

Demonstrate the mastery of
knowledge on concept and legal
principles of alternative dispute
resolution

Taxonomi
es and

Programm
e
Outcomes

Soft-Skills

PO1

C3, P4, A3
CTPS3

Apply practical skills on the various

mode of dispute resolution and
relate ideas and societal issues in
the dynamic construction
environment

P02, P03

Generate the ability to solve

problems relating to construct
disputes using scientific and critical
thinking skills

P05,P06

C4, P4, A3
CTPS3,CS2,

C5, P5, A4,

CTPS4, LL2

Assessment
Methods
Courseworks
and final
exam
Courseworks
and final
exam

Courseworks
and final
exam

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.

MSc. CCM KL Pt.3 2015/16 (1)

10

Semester 1

Assessment
The assessment for this subject will be continuous and based on the course works
and final examination. The course works will assess based on both written work and
technical presentation. The distribution of the marks is as follows:
Methods

Number

% Each

% Total

Courseworks

20

60

Final Examination

40

40

Total Marks

100

Lecture Programme:
MBEG1123 ALTERNATIVE DISPUTE RESOLUTION AND ADJUDICATION
Week/Date
1
Saturday
3.10.2015

Lecture Outline
Introduction to Disputes in Construction
Works:

Lecturer
Assoc. Prof. Dr.
Maizon Hashim

Construction disputes, definition, nature,

causes and implication on the project and the
contracting parties and the project teams
Review of the various methods of dispute
resolution the historical background,
concept, evolution and development from
various perspectives
Introduction to ADR:
Alternative dispute Resolution (ADR) - its
definition, scope and delimitation, processes,
its application - facilitative, advisory and
determinative, the merit and demerit of ADR
against litigation.
ADR outside the litigation system - in the
community, children and young people,
neighbourhood disputes, public policy
disputes, healthcare, business sector,
industry-based schemes and legal aid
schemes

MSc. CCM KL Pt.3 2015/16 (1)

11

Semester 1

Week/Date
2
Sunday
4.10.2015

Lecture Outline
Adjudication
Concept, features and historical development,
adjudication process and procedure

Lecturer
Assoc. Prof. Dr.
Maizon Hashim

Adjudication legislation
Adjudication decision (award); enforcement of
adjudicators decision,
Construction Industry Payment and
Adjudication Act (CIPAA)
The concept, the historical background and
development

Operation of security of payment rules,

3
Saturday
24.10.2015

Appointment of adjudicator,

The adjudicator' costs and the liability of

adjudicator

4
Sunday
25.10.2015
5
Saturday
14.11.2015

The process and procedure

Assoc. Prof. Dr.

Maizon Hashim

The conduct of the adjudication, decision

and enforcement of the decision,
Setting aside the adjudicators decision.

Future trends of ADR and other methods of

dispute settlement

Assoc. Prof. Dr.

Maizon Hashim

International Dispute Resolution

Litigation (Civil Procedure)
Types of civil actions, the Courts System and
jurisdictions

Mr. Jamaludin
Yaakob

Litigation (Civil Procedure)

Initial Stage: course of action, writs,
appearance, joinder, third party
Pre-Trial Stage: proceedings, pleadings,
discovery, summons for directions,
interrogatories, admission, interlocutory
applications, summons in chambers, full trial
and hearings, witnesses, expert witness.
Trial Stages: hearing, witnesses, expert
witnesses, evidence.
Judgement: Summary judgment, judgment in
default, enforcement of Judgment, appeal
ADR in the construction industry
The practical and legal concerns in using ADR
to settle construction disputes against the

MSc. CCM KL Pt.3 2015/16 (1)

12

Semester 1

Week/Date

Lecture Outline

Lecturer

background of the nature and characteristic of

the construction industry fragmented and
adversarial in nature
Review of the provisions on dispute resolution
contain in the various forms of construction
contract for different methods of procurement
the legal and administrative practicality,
limitation and constraint

6
Sunday
15.11.2015

Mediation and conciliation

The concept, features, conditions, legal
requirements and procedures, institutional
rules, settlement agreement and enforcement

Mr. Jamaludin
Yaakob

Dispute review board

The concept, features, conditions, legal
requirements and procedures, institutional
rules, settlement agreement and enforcement
Other forms of ADR

The mini-trial, mediation-arbitration

(Med-Arb),
Rent-a-judge and other ADR techniques

Reading List
1. Peter Hibberd & Paul Newman (1999), ADR and Adjudication in construction
Disputes, Blackwell Science Ltd. UK
2. Derek Simmonds (2003), Statutory Adjudication A Practical Guide, Blackwell
publishing, UK
3. Sourdin, Tania (2005), Alternative Dispute Resolution (2 nd Edition), Thomson
Lawbook Co. NSW
4. John Tackaberry, Leila Anglade, Victoria Bui (2004), International Dispute
Resolution Vol.2, Sweet & Maxwell, London
5. Brooker, Penny, Wilkinson, Suzanne (2010), Mediation in the construction
industry: An International Review, Spon Press
6. Richbell, David (2008), Mediation of Construction Disputes,
Publishing, UK

Blackwell

7. Sundra Rajoo & Harbans Singh K.S (2012), Construction Law in Malaysia,
Sweet & Maxwell Asia
MSc. CCM KL Pt.3 2015/16 (1)

13

Semester 1

8. Murdoch, J and Hughes (1996) Construction Contracts: Law and Management

(2nd. Edition), E & FN Spon, London.
9. Construction Industry Payment & Adjudication Act 2012

MSc. IN CONSTRUCTION CONTRACT MANAGEMENT PROGRAMME

COURSES OFFERED (FOR PART-TIME/PERSISIR) PROGRAMME IN SEMESTER 1
- 2015/2016
PART 1
Code

Courses

MBEG101
4

Construction Project Management

MBEG103
3

Construction Contract Studies 1

MBEG104
3

Law of Contract, Tort, Agency & Sales of Goods

MBEG106
3

Construction Environment **
TOTAL CREDIT

Credit
4
3
3
3
10

PART 3
Code
MBEG113
4

Courses
Construction Contract Studies 2

MSc. CCM KL Pt.3 2015/16 (1)

14

Credit
4

Semester 1

MBEG111
3

Arbitration

MBEG112
3

Alternative Dispute Resolution & Adjudication

TOTAL CREDIT

10
PART 4

Code
MBG2415

Courses

Credit

Master Project (Dissertation)

TOTAL CREDIT

UNIVERSITY SUBJECTS (offered every semester)

Code

Courses

Credit

UHEP6013

Seminar on Development and Global Issues)*

UHEW602
3

Philosophy of Science and Social Development*

TOTAL CREDIT

** Students with LLb may register for MBEG 1063 in lieu of MBEG 1043.
* Students are required to take only ONE of these TWO university subjects at
anytime during the duration of the programme.

MSc. CCM KL Pt.3 2015/16 (1)

15

Semester 1

M.Sc. IN CONSTRUCTION CONTRACT MANAGEMENT

EXAMINATION TIMETABLE FOR PART-TIME/PERSISIR PROGRAMME
KUALA LUMPUR CENTRE PART 3
SEMESTER 1 SESSION 2015/2016
Date/time

Courses

Invigilator

MBEG1113

Assoc. Prof. Dr.

Maizon Hashim

Sunday
27 December 2015

Arbitration

9.00am 12.00
noon
Sunday
3 January 2016
9.00am 12.00
noon

MBEG1123
Alternative Dispute Resolution and
Adjudication

Assoc. Prof. Dr.

Maizon Hashim

Sunday
10 January 2016

MBEG1134

9.00am 12.00
noon

Construction Contract Studies 2

MSc. CCM KL Pt.3 2015/16 (1)

16

Assoc. Prof. Dr.

Maizon Hashim

Semester 1