MIIP: Trends & Challenges of Procurement, Contract Management & Legal Implications for Major Projects Delivery | VIRTUAL

Major Infrastructure & Industry Projects - Specific Interest Group (MIIP-SIG) welcomes professionals from all industries. To learn about this group, please visit pmi.org.sg/sig/miip

Trends & Challenges of Procurement, Contract Management & Legal Implications for Major Projects Delivery

- Case Study 1: Hong Kong’s Journey in the use of NEC*
- Case Study 2: The Evolution of Alliance Contracting in Australia

- Presentation: Navigating challenges faced in the appointment of an engineering, procurement and construction Contractors in the midst of Covid-19

Procurement and Contract Management are complex areas that drive the relationships between the various stakeholders in Major Projects Delivery. The transition from traditional forms of contract in major E&C projects such as FIDIC (International Federation of Consulting Engineers) and ICE (Institute of Civil Engineers) to more Collaborative forms of contract is a major trend and these are laying the foundations for changes in stakeholder relationships coupled with legal implications and risk allocation. These trends will significantly impact how procurement and contract management will be done in the near future.

* New Engineering Contract or NEC Engineering and Construction Contract is a formalised system created by the UK Institution of Civil Engineers that guides the drafting of documents on civil engineering and construction projects for the purpose of obtaining tenders, awarding and administering contracts.

Highlights:

• To understand the pros and cons on the use of collaborative forms of contract like the NEC Engineering and Construction Contracts (ECC) for public works projects in Hong Kong;
• To provide legal aspects insight into the future of construction contracts in the Covid-19 era, while navigating challenges faced in the appointment of an engineering, procurement and construction contractor;
• To understand how the alliance model of contracting works for owners, contractor and designer participants and an overview of the commercial and risk allocation principals in Australia.

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After attending this webinar, you will be able to:

• Appreciate the challenges that Hong Kong has encountered in its journey of use of NEC, as well as the positive changes that have been brought to the industry.  Review and consider if it is advantageous to adopt this form of contract for some projects in Singapore. 

• Understand the various contracting options and models available to better manage the allocation of risks between project participants in the Covid-19 era.

• Appreciate the strong benefits of alliancing approach. Understand the basics of Alliance contracts and delivery. Appreciate where alliance may play a role in future project delivery.

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Case Study 1: Hong Kong’s Journey in the use of NEC

Before 2016, the Hong Kong Government SAR adopted Hong Kong Government General Conditions of Contract (GCC) for all public works construction contracts. This form of conditions of contract was developed in 1970’s with reference to ICE Conditions of Contract and followed common law principles.

In 1991, NEC forms of Contract was developed and published in United Kingdom. Through 20 years practice in UK, there are quite a lot of positive feedback from the construction industry, in particular in promoting better working relationship between contractors and clients through a partnering and collaborative approach.

In 2015, after practising the NEC form of contracts through several pilot projects in Hong Kong, the Hong Kong Government SAR has decided to adopt this NEC ECC for all public works construction projects in Hong Kong.

>> Learning Outcomes:

1. Understand the key elements of NEC ECC and the major difference against the traditional GCC;
2. Understand how this new NEC was introduced in HK and the modifications made to suit Hong Kong construction industry;
3. Learn responses/challenges from the industry, including clients, consultants and contractors.

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Presentation: Navigating challenges faced in the appointment of an engineering, procurement and construction Contractors in the midst of Covid-19

Gaps in understanding of scope and key contractual clauses such as early warning and compensation events between stakeholders often give rise to disputes between the Contracting parties. The Covid-19 pandemic has also thrown up additional challenges which test the fundamental objectives of collaborative forms of contract.  The speaker will share insights on current issues and how to navigate these to avoid disputes and legal challenges.

>> Learning Outcomes:

1. Understand the challenges faced by project participants in the Covid-19 era

2. Appreciate how conventional risk allocation may have to be re-considered and re-calibrated to address these challenges

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Case Study 2: The Evolution of Alliance Contracting in Australia

Alliance Contracting is probably the extreme form of collaboration where the various stakeholders form an integrated team characterised by a collaborative and co-operative culture.  The speaker will illustrate why alliancing has evolved in Australia as a widespread delivery model, how the alliance model works for owners, contractors and consultants and an overview of the commercial and risk allocation principles.

>> Learning Outcomes:

1. Understand the fundamentals of Alliance contracts for infrastructure delivery

2. Gain an understanding when Alliance contracts are best used and the commercial model

3. Appreciate how risks are shared, and all parties strive for best-for-project outcomes

4. Learn latest trends in alliance procurement by government agencies in Australia

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Presentation and Discussion Method:
Panel discussion and presentation held via Zoom.

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About the Speakers and Panel:

Speaker (Case 1) Mr. Francis Leong Executive Director AECOM Hong Kong	Francis Leong has over 29 years’ experience in design and contract administration of many infrastructure projects in Hong Kong. These projects cover a diverse spectrum of civil engineering works including reclamation, roads and highway structures, water supply, drainage and sewerage, site formation and tunnelling works. He has managed a number of mega projects like Tung Chung New Town Extension, Wan Chai Development Phase II, Liangtang / Heung Yuen Wai Boundary Control Point and associated works, River Training Works in Sheung Shui, Shatin Height Tunnel and Approaches in the capacity of Project Manager/Deputy Project Manager. He is a key member of AECOM Task Force managing tender document and administration of NEC contracts in Hong Kong. He provides internal trainings to both design office staff and resident site staff as well as Inhouse Contract Administration Handbook on use of NEC contracts.
Speaker (Presentation) J. Sathia Partner Allen & Gledhill Singapore	Sathia is Co-Head of Allen & Gledhill’s Construction & Engineering Practice. Sathia’s area of practice for the past 18 years encompasses a wide range of contentious and non-contentious work in building, construction, engineering and infrastructure projects. On the contentious side, Sathia regularly appears as counsel for statutory boards, government-linked entities, developers, contractors and consultants in complex and large-scale domestic and international arbitration, litigation, adjudication and mediation concerning the built environment. On the non-contentious side, he regularly advises on tender and project documentation under various procurement models in relation to domestic and regional public and private sector projects. Sathia is recognised as an Accredited Specialist in Building and Construction Law by the Singapore Academy of Law and is an Accredited Mediator with the Singapore Mediation Centre. He is also recognised as a Distinguished Practitioner for Construction in asialaw Leading Lawyers (2020) and as a Dispute Resolution Star for Construction in Benchmark Asia-Pacific (2020).
Speaker (Case 2) Tim Gosbell Client Director Transport & Regional Director WSP Australia	Tim Gosbell has over 30 years of experience in providing consulting services to public and private sector transport infrastructure clients primarily in Australia, in project delivery, client management, business management and business development leadership roles. Tim’s career includes numerous roles associated with Alliance Contracting delivery methods, where he has participated in Alliance Leader Teams, and Program Leadership team roles.  Tim has been involved in establishing successful teams, developing the right team culture and coaching staff to form high performance teams. Tim is a recognised leader of the engineering community with excellent client relationships and contacts across the industry, a collaborative track record, and an industry leader.
Moderator Prakash S Ramakrishnan  Co-Chair MIIP SIG, Deputy Director Land Transport Authority Singapore	Mr. Prakash is a Registered Professional Engineer with the Professional Engineer’s Board Singapore and has more than 28 years of experience in all aspects of project development from conceptualisation and planning, design, contract administration, construction and project management for several building and infrastructure projects both in Singapore and Asia. His specialisation is in prefabrication technology and project management of building and infrastructure projects.  His career has spanned both the public and private sectors where he has been involved in multiple roles including the review of public sector infrastructure projects, consultancy and the execution of major infrastructure projects. More recently he has been involved in the setup and operation of the Project Management and Governance office for the KL-Singapore High Speed Rail project.
Welcome address & Panelist Harihara Subramanian MBA, MSc, PMP Co-Chair of MIIP-SIG Chair of 7th PoY Awards Immediate Past President, PMI Singapore Chapter	Mr. Harihara, is a PMI-certified Project Management Professional and for the past 22 years he has successfully delivered various greenfield & brownfield multimillion-dollar CapEx EPC/ EPCM industrial projects and programs. He has hands-on experience in leading projects in cross-functional global team environment, with multi-disciplinary project design engineering, project management, business development across various industrial sectors, such as hi-tech industries Semicon, photo-voltaic industries, facility infrastructure management, equipment tool hook-up, clean-room environment, pharmaceuticals, environmental pollution abatement, refinery, petrochemical, chemical, and also experienced in manufacturing/operational functions. Currently he is working for Worley as Senior Project Manager. Harihara is a chemical engineer, obtained MBA degree, from Rutgers Business School, USA, and a Master of Science (CIM) from NTU Singapore. He has delivered various keynotes speeches at international conferences & institutions in the context of Project Management excellence and strongly support the project management community.

 

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Event Particulars

Date: Wednesday, 25 August 2021

Time: 7pm - 9pm SGT (Time zone Converter: click here)

Virtual Venue: Zoom. Access details will be emailed to registered participants on the event day itself and then at intervals throughout the day for new signups. Please contact Alicja if you didn't receive them after checking your spam/junk folder. 

PDUs: 2 Technical (where applicable, PMI ID to be included with registration)

Cost: a nominal 5 SGD to ensure only serious registrations due to limited capacity

Registration deadline: Registration closes 30 minutes before event start or when maximum capacity is reached.

 

 Disclaimers: Registration is final, non-refundable, non-transferrable. By registering for this event, you give permission to PMI Singapore Chapter to contact you with details of how to participate in this event. You will also be included in future communications from the PMI Singapore Chapter, from which it is easy to unsubscribe by following instructions at the bottom of a mailer. Further terms and condition can be found on our website.

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