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1 MACRA MALAYSIAN AIR-CONDITIONING & REFRIGERATION ASSOCIATION Reg No. 111 No.27-3, Jalan 1/116B, Kuchai Entrepreneur s Park, Off Jalan Kuchai Lama Kuala Lumpur. West Malaysia. Tel : Fax : enquiry@macra.org.my Date : 23 rd September 2015 Dear Fellow Members and Friends, MACRA, in its endeavour to both upskill and knowledge enhancement of our fellow members as well as friends of the industry will be conducting a series of technical and nontechnical seminars in the near future. First in line of this series is a seminar entitled Understanding the Construction Industry Payment and Adjudication Act (CIPAA) 2012 or also known as ACT 746. Below is the brief introduction, profile of the key speakers and the collaborative partner for this particular seminar. MACRA strongly encourages all our members to take this opportunity to equip yourself with a better understanding of this latest legislation which will in turn help you in the aspect of your business especially in matters concerning contract payments and claims. The ACT 746 can help you to improve your cash flow and this will definitely help your business! REGISTER NOW! TAN SWEE IM & PARTNERS ADVOCATES & SOLICITORS Understanding CIPAA 2012 A seminar looking at the practical implications of this important legislation and hands-on workshop on Payment Claims and Responses under CIPAA Date: 20 th October 2015 Time: 8.30 am (Registration) to 5.00 pm Venue: Bukit Jalil Golf & Country Resort The construction industry is a key driver of Malaysia s economic growth and like in many developing countries, has experienced a history of lengthy payment times which has caused a multitude of problems. Importantly, delayed payments create cash flow problems for contractors, which in turn give rise to numerous issues primarily in the completion of the projects. 1

2 The coming into force on 15 th April 2014 of the Construction Industry Payment & Adjudication Act 2012, commonly known as CIPAA, is timely as the legislation was enacted to provide compulsory adjudication aimed at facilitating cash flow for the industry. CIPAA aims to provide quick interim decisions relating to payments disputes which could potentially prevent short term cash flow problems in the midst of projects. It has been reported that in the first 14 months since CIPAA was enacted, there have been approximately 100 cases filed for adjudication and it is estimated that these figures will triple in the next 5 years. The Kuala Lumpur Regional Centre of Arbitration (KLRCA), which is the adjudication authority, reported that as of mid-june 2015, of the 27 adjudication cases decided, 100% of the decisions have been in favour of the claimant. MACRA will be collaborating with Miss Tan Swee Im and Miss Lim Cze Mien of Tan Swee Im & Partners, Advocates & Solicitors, who will share their detailed knowledge of the mechanisms and intricacies of CIPAA based on their close involvement in the development of the CIDB published Working Guide, Standard Forms and Checklists on the adjudication process under CIPAA and Miss Lim Cze Mien s experience in securing a win in one of the early CIPAA claims. The seminar and workshop will draw on real experiences and cases and have a practical and commercial approach to the subject matter. Content will include: Overview of CIPAA 2012 When does CIPAA apply? What are the key features of CIPAA applicable to terms of payment and the pursuit and adjudication of unpaid Payment Claims? How are adjudicators decisions enforced and can they be challenged? Contracts The key provisions of CIPAA have effect regardless of what the contract says. How can you ensure that your contract works effectively with the legislation and avoids ambiguity and argument over when and how the CIPAA rights take effect? Contract Administration and Procedures If the cash flow and dispute avoidance goals of CIPAA are to be realised, it is crucial that the best practices in contract administration is adopted. What measure should you take and what procedures should you put in place to deal promptly and decisively with CIPAA Payment Claims and quickly identify when a potential claim is developing. Adjudication How can you best: prepare a claim for adjudication? Respond to an adjudication claim? Manage the process through to a successful conclusion? Particular consideration will be given to how best to identify and focus on the key issues, assemble the right team and prepare compelling evidence in the available time and how to cope with ambushes. The strategic aspect of adjudication will also be explored including how resolution of limited disputes through adjudication can assist in unlocking wider issues to the benefit of all parties. Workshop hands on guided workshop of real life scenarios through of the various stages of Payment Dispute to Payment Claim to Adjudication and Enforcement of Adjudication Decisions using the CIDB published Working Guide, Standard Forms and Checklists on the adjudication process under CIPAA. 2

3 Miss Tan Swee Im LLB Hons (London), Barrister-at-Law (Middle Temple) Advocate and Solicitor of the High Court of Malaya, Dip. Int Arb., FCIArb, FMIArb, FCIOB, FMSAdj, FDBF A Barrister-at-Law from the Middle Temple and an Advocate and Solicitor of the High Court of Malaya, a Fellow of the Chartered Institute of Arbitrators, a Fellow of the Malaysian Institute of Arbitrators, a Fellow of the Chartered Institute of Building, a Fellow of the Malaysian Society of Adjudicators, a Fellow of the Dispute Board Federation an arbitrator, adjudicator and mediator on the panel of the Kuala Lumpur Regional Centre for Arbitration, a qualified adjudicator, a CIDB Accredited Mediator, and holds a Diploma in International Commercial Arbitration. She is the senior partner of Tan Swee Im & Partners, a legal firm that focuses on the construction, infrastructure and energy sectors. She was in-house counsel for a public listed company and has extensive arbitration experience. She was a 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. Miss Tan is 1 of only 4 lawyers in Malaysia named in Who s Who Legal for practice area of Construction. Her experience in the construction industry ranges from the procurement strategy stage through to dispute resolution. An active speaker at seminars of construction industry organisations such as Master Builders Association of Malaysia (MBAM) and Chartered Institute of Building (CIOB), she was very involved in the drafting of the CIDB Form of Contract for Building Works and led the drafting on the new standard form of design and build contract promoted by the CIDB. Miss Tan and her firm prepared the Working Guide, Standard Forms and Checklists on the adjudication process under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) published by the Construction Industry Development Board (CIDB) to assist the unpaid party to make payment claims under CIPAA, and the party who has not made payment to defend such claims. Miss Lim Cze Mien LLB (Monash University) Advocate & Solicitor of the High Court of Malaya Miss Lim is a senior associate of the legal firm of Tan Swee Im & Partners. Before joining Tan Swee Im & Partners, she was a partner in the Corporate & Financial Services Department of Chooi & Company (a Legal 500 firm). She has extensive experience in the practice of commercial and corporate law. Since joining Tan Swee Im & Partners she has accumulated significant experience in the construction industry, acting on several large and high profile projects. She is adept at advising on procurement strategy and structuring contracts, including adapting standard form contracts to suit particular project needs. 3

4 She is very proficient in Construction Industry Payment And Adjudication Act 2012 (CIPAA) matters, having successfully handled one of the early claims when the Act came into force. She is a key member of the team that prepared the CIPAA Working Guide, Standard Forms and Checklists commissioned by the Construction Industry Development Board (CIDB) to assist parties to make and defend payment claims under CIPAA. Miss Lim is the co-author of the Malaysia Chapter of the 2014 and 2015 editions of The International Comparative Legal Guide to Construction & Engineering Law. CIPAA 2012 is indeed good news for the construction industry that have been plagued with payment dispute problems for far too long. CIPAA 2012 is design to help the party who claims payment of a sum which has not been paid in whole, or in part, under a construction contract, is entitled to serve on the other party, i.e. the nonpaying party, a payment claim. This can be seen in the Preamble of the Act, which says: It is an Act to facilitate regular and timely payment, to provide a mechanism for speedy dispute resolution through adjudication, to provide remedies for the recovery of payment in the construction industry and to provide for connected and incidental matters. Don t wait, help yourself to help your business and REGISTER NOW!.There will be an early bird discount and free gift for those who register BEFORE 10 th October 2015 REGISTRATION FEES MEMBER - RM PER PARTICIPANT *** Early bird discount of RM80.00 per participant Registration before 10 th October 2015 NON-MEMBER - RM PER PARTICIPANT *** Early bird discount of RM50.00 per participant Registration before 10 th October 2015 Closing date for Registration : 14 th October 2015 Register early to avoid disappointment! Kindly complete and return the reply slip to MACRA Secretariat before the closing date on 14 th October For enquiries, please contact Ms Ann / Mr Chine at or to enquiry@macra.org.my. Thank you. Yours faithfully, MALAYSIAN AIR-CONDITIONING & REFRIGERATION ASSOCIATION (MACRA) PETER TAN CHIN WAH ORGANIZING CHAIRMAN 4

5 REGISTRATION FORM APPROVED CIDB CCD 10 POINTS NO NAME OF PARTICIPANTS COMPANY NAME DESIGNATION EF NO 1 AMOUNT (RM) Please reply or confirm your attendance not later by 14 th October Registration is on first-come first-serve basis. Only limited seats are available. Enclosed herewith is a crossed cheque Bank : No. For the sum of RM Issued in favour to MALAYSIAN AIR-CONDITIONING & REFRIGERATION ASSOCIATION. ALLIANCE BANK A/C NO, Course fee must be sent with registration in advance. Participants may be refused admission if payment is not received prior to the event. I / We understand that the fee is not refundable if I / We withdraw after my / our application is/are accepted by MACRA but substitution of participants will be allowed. If I / We fail to attend the course, I /We will settle the registration fee in full. Contact Person : Designation: Company Name : Telephone : Fax : 5