Construction Law Time in Construction
Author: Foo Joon Liang
Publisher : CLJ Publication
ISBN: 9789674571825
Page: pp
Year: 2025
Price: RM165
“Time in Construction” is a book that focuses on the crucial aspect of construction disputes, which is time. The book discusses how delays in construction projects can lead to increased costs, prompting one party to seek compensation or mitigation. The claims for delay damages or loss and expense can be made by either the employer or the contractor. If there is no entitlement to additional time, it may result in a contract termination and subsequent claims for damages.
The rights of the parties involved are primarily governed by contractual provisions. The book examines the provisions on time found in major standard building contracts used internationally and in Malaysia, such as the Fédération Internationale Des Ingénieurs-Conseils (FIDIC), the Pertubuhan Akitek Malaysia (PAM), the Asian International Arbitration Centre (AIAC), and the Public Works Department (PWD/JKR) forms of contracts.
Within the framework of these contractual provisions, the authors delve into key aspects of time-related disputes, including whether time is of the essence of a contract, and if so, its implications, the effects of delays on project progress and completion, the application of liquidated damages, entitlements to extensions of time, and the financial implications of granting extensions of time.
The book incorporates the latest decisions from Malaysian courts, particularly those from the appellate courts that establish legal precedents, as well as significant rulings from other Commonwealth jurisdictions.