On Saturday, 4th September 2010, Chapter has organized an interesting seminar. Topic for the seminar is “Claiming and Processing Extension of Time (EOT) under PAM contract 2006” at PAM Mini Auditorium. This seminar is made possible by a generous grant from MONIER SDN.BHD. The seminar started at 9.30am and was attended by 65 attendees including 41 architects.
Ar. Dr. Tan Jun Kwang welcomed all and introduces the speaker for EOT, Mr. Jerry Sum Phoon Mun from Arkitek MAA Sdn Bhd to present the slideshow. In the building industry, the “Prevention Principal” is the most effective and most used defense by the Contractor against liquidated damages. In such a case, the only remedy left for the Employer is to sue for general damages for such late completion as can be established. The liability left on the Contractor, on the other hand, is to complete within a reasonable time or face general damages for failure.
According to Mr. Jerry Sum from the notes given to all attendees, an EOT claim is initiated by the Contractor. This is because, contractually, the Contractor is responsible to programmed, execute and complete the Works by the Completion Date. As such, the contractor should, or have to know, when the completion of the works will be delayed. The Contractor is obliged to give a “written notice” to the Architect informing him of the Contractor’s “intention to claim such extension of time”. The written notice must contain 3 elements:-
1. “ an initial estimate of the extension of time he may required” duly supported with
2. “all particulars of the cause of delay” and
3. The notice must reach the Architect “within twenty eight (28) days from the date of the AI, CAI or the commencement of the Relevant Event, whichever is the earlier”.
After the short tea break, the speaker, Mr. Jerry Sum describe all “How to process an EOT application?” to all. There are 7 topics in this session. It is:-
1. Insufficient particulars.
2. Processing of EOT Claim after Receipt of Sufficient Particulars.
3. Notifying the Nominated Sub-Contractors.
4. Relevant Event.
5. EOT after Certificate on Non-Completion.
6. Review of EOT after Practical Completion.
7. Some Implied Duties of the Architect in respect of EOT.
Seminar ended at 1.00pm after the QA session and Ar. Dr. Tan Jun Kwang and Ar. Ho Jia Lit thanked to Ar. Jerry Sum for presenting such a wonderful seminar and Monier Sdn. Bhd. Being sponsor for this seminar.
Reported by Ar. Dr Tan Jun Kwang