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MASTER OF SCIENCE IN
CONSTRUCTION CONTRACT MANAGEMENT
(PART - TIME, Part 3 Kuala Lumpur)
LECTURE PROGRAMME
Semester 2 Session 2015/2016
February 2016
Sem 2 -
COURSE
Construction Contract Studies 2
(Mr. Jamaludin Yaakob, Mr. Norazam Othman)
Arbitration
(Assoc. Prof. Dr. Maizon, Mr. Jamaludin Yaakob)
Alternative Dispute Resolution (ADR) and
Adjudication
CREDITS
4
3
TOTAL CREDIT
10
Sem 2 -
Course
Semester
Lecture
Status
CORE
Tutorial/Seminar
Pre-condition
None
Credit
See Lecture
programme
0 hours/week
4
LECTURERS
No.
Lecturers Name
Room No.
Phone No.
1.
B02-40604
075530654
jbyaakob@yahoo.co.uk
2.
B11-20902
07-5537320
b-azam@utm.my
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 CIDB, 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 nonpayment; breach and termination of contract, remedies for breach of contract such
as contractors claims for loss and expense and suspension of works. This course
also discusses issues relating subcontracting and international contracting.
LEARNING OUTCOME
After completing this course the students should be able to:
No
.
1.
2.
Programm
e
Outcomes
Taxonomie
s and
Soft-Skills
Demonstrate
the
mastery
knowledge on the legal basis of
the important terms used in
construction contracts
PO1
C1, C2,
PO2, PO3
CTPS4
Assessmen
t Methods
Coursework,
Final
Examination
Coursework,
Final
Examination
Sem 2 -
PO2, PO6
Coursework,
Final
Examination
4.
Demonstrate
competency
in
managing information required for
lifelong learning
PO7
C4, P5,
P6,A4,LL3
Coursework
Face-to-Face Learning
a. Lecturer-Centered Learning
i.
Lecture
56
Self-Directed Learning
56
b. Revision
20
c. Assessment Preparations
17
Formal Assessment
a. Continuous Assessment
b. Final Exam
120
Sem 2 -
Lecturer
Week 1
Saturday
27.2.2016
(9.00am
5.00pm)
Mr. Jamaludin
Mr. Jamaludin
Week 4
Saturday
19.3.2016
Mr. Norazam
Sem 2 -
Lecturer
Mr. Norazam
(9.00am
5.00pm)
Commencement and Completion of the work:
Week 4
Week 6
2.4.2016 &
3.4.2016
Week 12
Mr. Norazam
Guest
Lecturers
Global claim;
Saturday
14.5.2016
(9.00am
5.00pm)
Mr. Norazam
Sub-contract:
Sem 2 -
contract.
Lecturer
Global claim;
Mr. Norazam
Sub-contract:
Legal basis, contractual links; incorporation
of main contract terms into subcontracts;
main contractors liability with respect to
subcontractors and employers breaches of
contract.
Week 12
Sunday
15.5.2016
International Construction
and Contracting
Procurement
Mr. Norazam
(9.00am
5.00pm)
Week 16
30.5.2016
5.6.2016
Revision Week
Week 17 19
6.6.2016
26.6.2016
Final Examination
ASSESSMENT METHOD
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:
Method
Coursework
MSc. CCM KL Pt.3 2015/16 (3)
2/2/16
Number
% Each
% Total
Week
20
60
Sem 2 -
Final Examination
40
Total
40
17-19
100
READING LIST
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
Sem 2 -
Course
Semester
MBEG1113 ARBITRATION
2
Lecture
Status
CORE
Tutorial/Seminar
Pre-condition
None
Credit
See Lecture
programme
0 hours/week
3
LECTURERS
No.
Lecturers Name
Room No.
Phone No.
1.
B05-11601
07-5530427
maizonhashim@gmail.co
m
2.
B02-40604
07-5530654
jbyaakob@yahoo.co.uk
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 legislations, 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 completing this course the students should be able to:
No
.
1.
2.
Programm
e
Outcomes
Taxonomie
s and
Soft-Skills
PO1, PO3
PO2, PO3
CTPS3
C3, P4, A2,
CTPS3, CS2,
Assessmen
t Methods
Coursework,
Final
Examination
Coursework,
Final
Examination
Sem 2 -
3.
Generate
solutions
to
solve
problem
associated
with
construction disputes by way of
critical thinking and scientific
approach to arbitration
PO6
Coursework
Face-to-Face Learning
a. Lecturer-Centered Learning
i.
Lecture
42
Self-Directed Learning
42
b. Revision
18
c. Assessment Preparations
12
Formal Assessment
a. Continuous Assessment
b. Final Exam
120
10
Sem 2 -
Dr. Maizon
Dr. Maizon
Arbitration Award
Forms of award, condition of valid award,
enforcement, setting aside award, amending,
remitting, cancelling award, award stated as a
special case
Dr Maizon
Week 3
Sunday
13.3.2016
Lecturer
Dr Maizon
11
Sem 2 -
Arbitration proceedings
Week 5
Saturday
26.3.2016
(9.00am
5.00pm)
witness,
rules
of
Mr. Jamaludin
Lecturer
Week 5
Sunday
27.3.2016
International arbitration
Mr. Jamaludin
(9.00am
5.00pm)
Week 6
2.4.2016 &
3.4.2016
Guest Lecturers
Week 16
30.5.2016
5.6.2016
Week 17
19
6.6.2016
26.6.2016
Revision Week
Final Examination
ASSESSMENT METHOD
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:
Method
Coursework
MSc. CCM KL Pt.3 2015/16 (3)
2/2/16
Number
% Each
% Total
Week
20
60
12
Sem 2 -
Final Examination
40
Total
40
17-19
100
READING LIST
1)
2)
3)
4)
5)
Peter Turner, A guide to the LCIA Arbitration Rules, London, UK :OUP Oxford,
2009
6)
7)
8)
9)
10) Institution of Civil Engineers (Great Britain), ICE Arbitration Procedure (2006),
London, UK : Thomas Telford, 2006
11) Philip Capper, International Arbitration : a handbook (3rd ed.), London, UK :
Informa Business Publishing, 2004
12) Peter Sanders, The Work of UNCITRAL on Arbitration and Conciliation (2nd ed.),
The Hague Kluwer Law International, 2004
13) Alvarez, Henri C., Model Law Decisions: cases applying the UNCITRAL Model Law
on International Commercial Arbitration (1985-2001), The Hague: Kluwer Law
International, 2003
14) Sundra Rajoo & Harbans Singh K.S (2012), Construction Law in Malaysia, Sweet
& Maxwell Asia
15) Sundra Rajoo (2013), The Malaysian Arbitration Act 2005 (Amended 2011)-An
Annotation, LexisNexis, KLRCA
ARBITRATION RULES
1)
2)
3)
4)
13
Sem 2 -
Course
Semester
Lecture
Status
CORE
Tutorial/Seminar
Pre-requisite
None
Credit
See Lecture
programme
0 hrs/week
3
LECTURERS
No.
Lecturers Name
Room No.
Phone No.
1.
B05-11601
07-5530427
maizonhashim@gmail.co
m
2.
B02-40604
07-5530654
jbyaakob@yahoo.co.uk
SYNOPSIS
This course introduces students the various methods of dispute resolution that are
being utilised in the construction industry as alternatives to litigation and arbitration.
It gives special treatment to the adjudication provisions set out in the Construction
Industry Payment and Adjudication Act (CIPAA) 2012. The other methods examined
under the course include the processes and procedures in mediation, conciliation,
dispute review board and others. It also examines dispute resolution clauses in PWD,
PAM, CIDB and FIDIC. It will certainly consider other methods as and when they
become relevant to the Malaysian construction industry.
LEARNING OUTCOME
After completing this course the students should be able to:
No
.
1.
14
Programm
e
Outcomes
Taxonomie
s and
Soft-Skills
PO1, PO2
Assessmen
t Methods
Coursework,
Final
Examination
Sem 2 -
2.
3.
PO2, PO3
PO5, PO6
Coursework,
Final
Examination
Coursework
Face-to-Face Learning
a. Lecturer-Centered Learning
i.
Lecture
42
Self-Directed Learning
42
e. Revision
18
f.
12
Assessment Preparations
Formal Assessment
a. Continuous Assessment
b. Final Exam
120
15
Sem 2 -
LECTURE PROGRAMME:
MBEG1123
RESOLUTION & ADJUDICATION
Week
ALTERNATIVE
Lecture Outline
DISPUTE
Lecturer
Construction disputes,
Week 5
Saturday
26.3.2016
(9.00am
5.00pm)
Mr. Jamaludin
Mediation
Week 5
Sunday
27.3.2016
(9.00am
5.00pm)
Mr. Jamaludin
Week 6
2.4.2016
&
3.4.2016
16
Guest
Lecturers
Sem 2 -
Week 8
Saturday
16.4.2016
(9.00am
5.00pm)
Adjudication
LECTURE PROGRAMME:
MBEG1123
RESOLUTION & ADJUDICATION
Week
Dr. Maizon
ALTERNATIVE
Lecture Outline
DISPUTE
Lecturer
Week 8
Sunday
17.4.2016
(9.00am
5.00pm)
Week 9
Construction
Industry
Adjudication Act (CIPAA)
Payment
The concept,
development
the
historical
background
Construction
Industry
Payment
Adjudication Act (CIPAA) (Contd)
and
and
Dr. Maizon
and
Saturday
7.5.2016
Appointment of Adjudicator
(9.00am
5.00pm)
Jurisdiction of Adjudicator
Dr. Maizon
Week 9
Sunday
8.5.2016
(9.00am
5.00pm)
Adjudication Authority
Dr. Maizon
Week 16
30.5.2016
5.6.2016
Revision Week
Week 17
19
Final Examination
6.6.2016
26.6.2016
17
Sem 2 -
ASSESSMENT METHOD
The assessment for this subject will be continuous and based on the course works
and final examination. The course works will be assessed based on both written work
and technical presentation. The distribution of the marks is as follows:
Method
Number
% Each
% Total
Week
Coursework
20
60
Final Examination
40
40
17-19
Total
100
READING LIST
Statutes
1) Construction Industry Payment and Adjudication Act 2012 (CIPAA)
2) Mediation Act 2012
3) Rules of Courts 2012
4) Courts of Judicature Act
Books
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) Penny Brooker, Mediation in the Construction Industry: an International Review,
London ;Spon , 2010
4) Gwyn Owen, Dispute Boards : Procedures And Practice, London: Thomas Telford,
2008
5) Morgan, D. Brian, Dispute Avoidance: a non-confrontational approach to the
management of construction contracts, London :RIBA Enterprises, 2008
6) Cyril Chern, Chern on Dispute Boards, Oxford, UK :Blackwell Publishing, 2008
7) David Richbell, Mediation of Construction Disputes, Oxford, UK :Blackwell
Publishing, 2008
18
Sem 2 -
19
Sem 2 -
PART 2
Code
Courses
MBEG114
3
Case Studies
MBEG110
3
MBEG105
3
MBEG107
3
Credit
3
TOTAL CREDIT
3
3
3
9
PART 3
Code
Courses
Credit
MBEG113
4
MBEG111
3
Arbitration
MBEG112
3
TOTAL CREDIT
10
PART 4
Code
MBG2415/
MBEG117
6
Courses
Credit
5/6
TOTAL CREDIT
5/6
Courses
Credit
UHAP6013
UHAW602
3
TOTAL CREDIT
20
Sem 2 -
** Students with LLb may register for MBEG 1073 in lieu of MBEG 1053.
* Students are required to take only ONE of these TWO university subjects at anytime during
the duration of the programme.
Courses
Saturday
MBEG1053/MBEG1073
18 June 2016
9.00am 12.00 noon
Sunday
19 June 2016
9.00 am 12.00 noon
Invigilator
Dr Maizon
Hashim
MBEG1103
Dr Maizon
Hashim
PART 3
Date/time
Courses
Saturday
MBEG1123
11 June 2016
MBEG1134
Construction Contract Studies 2
MBEG1113
Arbitration
21
Invigilator
Dr Maizon
Hashim
Dr Maizon
Hashim
Dr. Maizon
Hashim
Sem 2 -