As construction projects get bigger and more complex, the potential for defective works and a fractious relationship between the interested parties will also increase in tandem. Unlike other construction law books presently available which have in general given scant attention to this branch of the law, this book focuses on the legal perspectives of claims for losses for defective work by and against the contractor. It also covers professional negligence, claims for pure economical loss, latent defects, as well as claims for financial and non-financial losses.

Stakeholders in the construction industry inevitably face issues relating to construction defects which are rampant and their resulting claims, remedial work and compensation. Accordingly, this is the book that is beneficial to the construction industry, serving as a leading text answering the various questions on defect claims.

KEY FEATURES

• The only local textbook dealing exclusively with construction defect claims.
• Brings together various facets of construction defect claims, including the difficult and complex areas, serving as a convenient and comprehensive reference.
• Thorough discussion on the topic of recovery of damages and other remedies as a consequence of construction defects which is prone to difficulties of analysis.
• Explains the many aspects of liability defects and remedies in construction, due to the variety of factual situations which may arise; and the overlapping of legal principles involved.
• Enlightens on certain issues pertaining to construction defect claims in Malaysia where the law is unsettled, or where the application of the law leads to unfairness or injustice, or where the applicable legal principles do not fit neatly into the larger conceptual framework of the law.
• Written by an author who has a doctorate in construction defect claims as well as wide experience in construction law and dispute resolution.

 

 

“The chapters examine the construction contract from cradle to completion, offering the best practices in the law. This unique book will be of enormous assistance to legal practitioners and law students while serving as a useful practical compendium to construction industry professionals including project managers, consultants, financiers, insurers and subcontractors.

I would unreservedly recommend this tome of fine work as a valuable and indispensable guide and reference to the practitioners of this industry and to those wondering if they ought to embrace it.”

From the Foreword by Dato’ Mary Lim Thiam Suan
Judge of the Federal Court of Malaysia

The phenomenon of construction is an ancient one. Civilisation is built on bricks, concrete, mortar, and steel. As new technologies emerge in this area, so, too, has the law evolved to stay abreast. This book is a collaborative effort between professionals whose respective involvement in the legal and practical aspects of construction in Malaysia is brought to bear in this addition to the Malaysian Practice Series.

The result of their collaboration is a nuanced, balanced and detailed coverage of the most essential topics in construction law and practice, including construction procurement and contracts, design and supervision obligations, quality and defect obligations, variation and extension of time, termination of construction contracts, and the application of the COVID-19 Act 2020 to the construction industry.

The book considers and analyses various standard forms commonly adopted in the Malaysian construction industry. Key cases are presented in the form of illustrations which seek to present essential principles in an easily digestible form. The book is invaluable to all legal professionals engaged in the practice of construction law as well as construction professionals in Malaysia and contains discussion of current Malaysian cases and applicable statutes.

Key Features

• Collaboration between lawyers and construction industry professionals to provide balanced and nuanced coverage of contemporary legal and practical challenges in construction in Malaysia
• Illustrations of key cases make important legal principles abundantly clear
• Analysis and discussion of commonly applied standard forms of contract
• Discussion clearly supported by local and foreign case law as well as statutory provisions
• One chapter dedicated to the discussion of the effects of the COVID-19 Act 2020 on construction projects

 

As construction projects get bigger and more complex, the potential for defective works and a fractious relationship between the interested parties will also increase in tandem. Unlike other construction law books presently available which have in general given scant attention to this branch of the law, this book focuses on the legal perspectives of claims for losses for defective work by and against the contractor. It also covers professional negligence, claims for pure economical loss, latent defects, as well as claims for financial and non-financial losses.

Stakeholders in the construction industry inevitably face issues relating to construction defects which are rampant and their resulting claims, remedial work and compensation. Accordingly, this is the book that is beneficial to the construction industry, serving as a leading text answering the various questions on defect claims.

KEY FEATURES

• The only local textbook dealing exclusively with construction defect claims.
• Brings together various facets of construction defect claims, including the difficult and complex areas, serving as a convenient and comprehensive reference.
• Thorough discussion on the topic of recovery of damages and other remedies as a consequence of construction defects which is prone to difficulties of analysis.
• Explains the many aspects of liability defects and remedies in construction, due to the variety of factual situations which may arise; and the overlapping of legal principles involved.
• Enlightens on certain issues pertaining to construction defect claims in Malaysia where the law is unsettled, or where the application of the law leads to unfairness or injustice, or where the applicable legal principles do not fit neatly into the larger conceptual framework of the law.
• Written by an author who has a doctorate in construction defect claims as well as wide experience in construction law and dispute resolution.

 

 

“The chapters examine the construction contract from cradle to completion, offering the best practices in the law. This unique book will be of enormous assistance to legal practitioners and law students while serving as a useful practical compendium to construction industry professionals including project managers, consultants, financiers, insurers and subcontractors.

I would unreservedly recommend this tome of fine work as a valuable and indispensable guide and reference to the practitioners of this industry and to those wondering if they ought to embrace it.”

From the Foreword by Dato’ Mary Lim Thiam Suan
Judge of the Federal Court of Malaysia

The phenomenon of construction is an ancient one. Civilisation is built on bricks, concrete, mortar, and steel. As new technologies emerge in this area, so, too, has the law evolved to stay abreast. This book is a collaborative effort between professionals whose respective involvement in the legal and practical aspects of construction in Malaysia is brought to bear in this addition to the Malaysian Practice Series.

The result of their collaboration is a nuanced, balanced and detailed coverage of the most essential topics in construction law and practice, including construction procurement and contracts, design and supervision obligations, quality and defect obligations, variation and extension of time, termination of construction contracts, and the application of the COVID-19 Act 2020 to the construction industry.

The book considers and analyses various standard forms commonly adopted in the Malaysian construction industry. Key cases are presented in the form of illustrations which seek to present essential principles in an easily digestible form. The book is invaluable to all legal professionals engaged in the practice of construction law as well as construction professionals in Malaysia and contains discussion of current Malaysian cases and applicable statutes.

Key Features

• Collaboration between lawyers and construction industry professionals to provide balanced and nuanced coverage of contemporary legal and practical challenges in construction in Malaysia
• Illustrations of key cases make important legal principles abundantly clear
• Analysis and discussion of commonly applied standard forms of contract
• Discussion clearly supported by local and foreign case law as well as statutory provisions
• One chapter dedicated to the discussion of the effects of the COVID-19 Act 2020 on construction projects

 

“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”

The second edition of Dealing with Delay and Disruption on Construction Projects continues to comprehensively address the management of delay and disruption from the inception of a project through to the resolution of claims in the project’s aftermath. In doing so, this 2nd edition updates the previous text with legal, technology and social developments since the 1st edition. Updates for this edition include: Recent English judicial developments on liquidated damages after termination, concurrent delay, and the independence of expert firms Introduction of the Saudi Civil Code Key developments in artificial intelligence The impact of COVID-19 and Russian sanctions in the management of delay and disruption on construction projects

The second edition of Dealing with Delay and Disruption on Construction Projects continues to comprehensively address the management of delay and disruption from the inception of a project through to the resolution of claims in the project’s aftermath. In doing so, this 2nd edition updates the previous text with legal, technology and social developments since the 1st edition. Updates for this edition include: Recent English judicial developments on liquidated damages after termination, concurrent delay, and the independence of expert firms Introduction of the Saudi Civil Code Key developments in artificial intelligence The impact of COVID-19 and Russian sanctions in the management of delay and disruption on construction projects

“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”

The second edition of Dealing with Delay and Disruption on Construction Projects continues to comprehensively address the management of delay and disruption from the inception of a project through to the resolution of claims in the project’s aftermath. In doing so, this 2nd edition updates the previous text with legal, technology and social developments since the 1st edition. Updates for this edition include: Recent English judicial developments on liquidated damages after termination, concurrent delay, and the independence of expert firms Introduction of the Saudi Civil Code Key developments in artificial intelligence The impact of COVID-19 and Russian sanctions in the management of delay and disruption on construction projects

A handbook covering the law of upstream, midstream and downstream petroleum contracts. Covers standard industry documents providing the legal framework for upstream, midstream and downstream petroleum contracts, with accompanying commentary on their application to energy transactions and related matters Looks at issues relating to mineral laws, including licences, and host government and inter-governmental agreements Examines preliminary participation contracts, including agreements and concessions relating to confidentiality, area of mutual interest, joint study, joint bidding and joint wells; data trade and sharing contracts; and enforceability of reasonable endeavour and best endeavour covenants Assesses model form joint operating agreements, including contents, accounting procedure, and trust deeds Examines drilling, procurement and services contracts Discusses the principles of unitisation and unitisation agreements, and considers pooling and other joint development options, pre-unit agreements, UUOA and JOA relationships, principles of petroleum lifting and commingling, balancing agreements, title interests, allocation and attribution/substitution agreements Advises on petroleum management contracts including those for provision of petroleum processing and operational services; third party access to infrastructure, project structures for gas liquefaction and LNG regasification, contracts for terminal access and provision of services Deals with oil, gas and LNG sales contracts dealing in detail with their respective terms Goes through shipping contracts, including ship leasing, time and voyage charter-party terms, contracts of affreightment and bills of lading Addresses pipeline transportation contracts, looking at the transporter and shipper perspectives, pipeline system rules, sales and transportation contract interfaces, cross-border pipeline investment protection, agreements for pipeline crossing, proximity and tie-in, and pipeline capacity management agreements Extends coverage to interest sale and purchase contracts, including asset exchange contracts, farm out and earn out agreements, addressing pre-emption, due diligence, representations and warranties Features decommissioning and security contracts Includes contractual clauses for the construction of petroleum infrastructure Examines corporate and project finance agreements, taking into account contingent consideration, royalty deeds, volumetric production payments, reserves based lending agreements, debt prioritisation and security interests Examines options for the negotiated, arbitration and judicial resolution of disputes involving oil and gas contracts and projects, including governing law and jurisdiction provisions Covers dispute resolution New to the 3rd edition include dedicated chapters on Petroleum Royalty Agreements and Environmental, Social, and Governance (ESG) Provisions.