Thursday, 2 April, 2020
11:00 am – 11:45 am Part 1: How should Contractors in the Construction Industry manage the problems arising from the COVID-19 MCO?
Friday, 3 April, 2020
11:00 am – 11:45 am Part 2: How should Contractors in the Construction Industry manage the problems arising from the COVID-19 MCO?
About this talk
The Movement Control Order (“MCO”) has forced most businesses in the construction industry to suspend their operations. According to the FAQs issued by the Ministry of Works on 18 March 2020 (updated on 24 March 2020), only construction works which fall within the definition of “critical works” may continue during the MCO. All other construction and maintenance work have to be suspended. In this online talk, our speakers will answer common concerns over the MCO and how contractors can best respond to the problems arising from the MCO. The talk will be delivered over video conference using Zoom.us. Please click here to download Zoom
Part 1: Talk Points
- Force majeure – What is it and can it help?
- Frustration of contract – Does it apply?
- Extension of time (EOT) – Will I get an EOT?
- Loss and Expenses – Can I claim?
- Practical steps for contractors and sub-contractors to take during and after MCO
Part 2: An Interview with John Wong from Charlton Martin
- 10 Questions on how to protect your interests from the effects of MCO
- What should be stated in the contractors’ notice of delay?
- Should the contractors give another notice of delay following the extension of the expiry of the MCO from 31 March to 14 April 2020?
- Are the contractors entitled to an Extension of Time (EOT) of more than 28 days since the MCO period is only 28 days, i.e. from 18 March to 14 April 2020?
- What are the supporting documents that the contractors should submit together with his application for EOT of more than 28 days?
- Can a contractor claim for an EOT without a critical path analysis?
- Should the contractors notify the insurer of the suspension of works?
- Does the existing insurance policy cover the risk of contractors during the MCO period?
- Who should pay for the contractors’ site overheads (e.g. salaries for site management personnel, rental of site cabin, etc.) incurred during the period of MCO?
- Who should pay for the demobilisation and remobilisation costs incurred arising from the MCO?
- What are the employers’ recourses if the contractor failed to protect and maintain the Site?
- Christine Toh, Partner, Dispute Resolution Practice Group
- Hannah Patrick, Senior Associate, Dispute Resolution Practice Group
- John Wong , Director, Charlton Martin Consultants Sdn Bhd