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Law of Construction Variations
Law of Construction Variations
2025-3Chen Mian Kuang

In a construction project, it is not always possible to cover every aspect and detail of the works required in the contract documents. Therefore, some aspects of the specifications are implied and/or inferred to be within the original work scope of the contract as long as they are reasonable and necessarily intended, and not contradictory to the express terms of the contract. This can result in a dispute between the contracting parties, as the implied specifications and works may not have been considered and priced by the contractor, leading to a claim by the latter for variation work subsequently.

This book focuses on issues arising from the variation of construction works. After a discussion on the express and implied original work scope (which is the starting point for ascertaining whether there is any variation in the first place), consideration is given to the power to vary the works, followed by a review of the procedure for and the valuation of variations. The book also analyses the possibility of recovering payment for extra work done on the basis of restitution - in the form of quantum meruit and under the Contracts Act 1950. The impact of variations on time obligation is given close examination through chapters discussing the general principles, substantive and procedural issues, the prevention principle, extension of time, liquidated damages, and loss and expense incurred by the contractor.

The analytical discussion provided cites local judicial decisions and those from other Commonwealth jurisdictions such as Singapore, Australia and the United Kingdom. Selected clauses of popular standard form contracts are surveyed and insightful comments are provided on grey areas in the law.

This book is one not to be missed by architects, quantity surveyors, claims consultants, construction lawyers, developers, contractors, arbitrators, lecturers and students of construction law.

Key Features:

  • Provides focused consideration of the law relating to variation of construction contracts.
  • Valuable resource on an important area of construction law with a dearth of materials covering it specifically.
  • Reference made to authorities from Malaysia, Singapore, the UK and Australia.
  • Carefully structured to introduce the nature of variations, the relevant procedure to apply for it, the valuation of variations and the impact of variations on time obligations.
  • Clear discussion of the applicable procedural requirements.
  • Written by an author with some 25 years' experience in construction advisory, litigation and arbitration.
  • Trademarks Act 2019 With Overview by Indran Shanmuganathan
    Trademarks Act 2019 With Overview by Indran Shanmuganathan
    2020-5-15I. Shanmuganathan

    To facilitate understanding of the new legislation, the author has provided an expert overview which highlights the following salient features of the new Act:

    • Greater clarity on the registration of non-traditional trademarks;
    • The registration of collective marks;
    • Removal of the concepts of defensive trademarks and associated trademarks;
    • Multi-class filings, divisions and mergers of applications previously unavailable under the Trade Marks Act 1976;
    • Greater clarity on the examination of trademarks;
    • New provisions on opposition and appeal procedures;
    • Rearrangement of the provisions pertaining to cancellation actions;
    • Illuminates the provisions pertaining to trademark infringement, including acts amounting to infringement, secondary liability, usage of signs, available defences and procedures and remedies (including the new remedy for groundless threat of infringement proceedings);
    • Criminal offences relating to trademark infringement (previously found under the Trade Descriptions Act 2011) are now consolidated and provided for under the Trade Marks Act 2019;
    • Commercialisation of trademarks;
    • New provisions pertaining to the role and administrative procedure of trademark agents.

    The overview is written by an expert and seasoned practitioner with vast knowledge and experience on matters relating to Intellectual Property law, who was accorded the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia.

    This publication is an essential source for lawyers, all Intellectual Property practitioners, academics and students of law, and is invaluable in facilitating a good understanding of the new statutory regime regulating trademarks and related practices in Malaysia.

    Format

    Book & eBook

    Price

    (starting at)

    RM 176.80

    Drafting Trusts and Will Trusts in the Channel Islands 3rd Edition
    Drafting Trusts and Will Trusts in the Channel Islands 3rd Edition
    2022-12-13Kessler
    Since the publication of the second edition in 2012 there have been a number of changes to trusts legislation in both Jersey and Guernsey. Key changes relevant to those drafting trust documents for use in both jurisdictions include: An amendment to the Trusts (Jersey) Law 1984 in 2018 Clarified the rules that may be contained in a trust instrument concerning the disclosure or information or documents concerning a trust to beneficiaries and other persons. Widened the statutory provisions concerning the accumulation of income to capital by providing that where income is not distributed, and no trust to accumulate it or power to accumulate it to capital or retain it as income applies, the income retains its character as income. This part of the amendment also confirmed that there is no time period within which a power to accumulate income must be exercised. Clarified the statutory provision concerning the reasonable security to which a trustee is entitled on retirement or distribution of trust assets or the termination of the trust where such reasonable security is provided by an indemnity. It is now clear that the “protection” of such an indemnity may now extend to, among others, officers and employees of a corporate trustee and their heirs and successors, and persons may enforce the indemnity whether or not they were parties to the original document by which the indemnity was created. Since the last edition of this book, Guernsey and Jersey have both changed their laws to permit same sex marriages, Guernsey in 2017 and Jersey in 2018. Another significant law change in both Islands since the last edition concerns capacity. The Capacity and Self-Determination (Jersey) Law 2016 came into force on 1 October 2018, replacing the previous curatorship regime and established for the first time the right of a Jersey resident to plan for the risk of future mental incapacity by enabling them to granting lasting powers of attorney for health and welfare on the one hand and for property and financial affairs on the other. Guernsey introduced lasting powers of attorney in 2022. This third Edition also draws on changes to legislation and case law in other jurisdictions which may be of relevance in Jersey or Guernsey in the future.

    Format

    eBook

    Price

    (starting at)

    RM 1,625.23

    Gas and LNG Sales and Transportation Agreements 7th Edition
    Gas and LNG Sales and Transportation Agreements 7th Edition
    2023-5-31
    A practical and comprehensive guide to the law and practice of structuring projects for the sale and transportation of gas and LNG, based on the author's own comprehensive experience. The discussion is augmented by three precedent agreements and a set of further clause examples which demonstrate the practical mechanics of putting the deal together. Presents a detailed, hands-on guide to the drafting, negotiation and interpretation of natural gas and LNG trading, shipping and transportation contracts Contains three new chapters on LNG Trading Platforms; MSA Terms; and Sales Contracts for Unconventional Gas Highlights the legal and commercial issues involved at each stage and advises how they should be handled in practice Offers clause-by-clause commentary on the typical provisions within gas and LNG, sales, shipping and transportation agreements Pinpoints the key issues and suggests solutions to problems that can arise Discusses the nature of gas and LNG and the contracting process Explains in detail the common components of contracts, including quality and pressure, liabilities and limitations, force majeure and dispute resolution Provides discussion on the commercialisation of natural gas in light of concerns about climate change, cleaner energy sources and the security of energy supplies Includes expertly drafted precedent agreements Covers price reviews and reopeners Written from the perspective of English law but in the light of international experience and practice

    Format

    eBook

    Price

    (starting at)

    RM 3,229.61

    All Malaysia Tax Cases (Amtc) 2023
    All Malaysia Tax Cases (Amtc) 2023
    2024-12-1C.K. Fatt

    All Malaysia Tax Cases 2023 (AMTC 2023) reports 44 significant and recent revenue law cases decided by the Special Commissioners of Income Tax (SCIT), the High Court, the Court of Appeal and the Federal Court of Malaysia.

    Each judgment reported is complemented by a concise case summary highlighting the facts and issues, the legal principles involved, the application of the legislation relevant to the issues in contention, and the decision.

    Cross-references are made to the reported corresponding cases between the SCIT and the higher appeals. AMTC 2023 includes a wide spectrum of tax laws ranging from income tax, real property gains tax, goods and services tax, and stamp duty.

    AMTC 2023 is a must-have case reference for professionals in the tax and accounting field, legal practitioners and tax litigators, policy makers, as well as academics and students pursuing their education in accounting and taxation.

    This report should assist with research and enable the proper application and understanding of the current legal tax issues that arise in Malaysia.

    Key features

    • Reports the full judgment as delivered by the SCIT, the High Court, the Court of Appeal and the Federal Court.
    • Each case reported comes with a concise headnote summarising the facts, the issues, and the decision.
    • Subject Index is provided, with key terms to indicate the relevant question of fact or law of the case.
       

    Format

    Printed Book

    Price

    (starting at)

    RM 420.00

    Construction Adjudication Reports of Malaysia 2018
    Construction Adjudication Reports of Malaysia 2018
    2018-10-30S. Rajoo | L. Wai Loon | S. Ramesh
    Construction Adjudication Reports of Malaysia 2018 is the inaugural volume of a new series of reports on adjudication decisions made pursuant to the Construction Industry Payment and Adjudication Act 2012 (“CIPAA 2012”). 
     
    It consists of 17 important court decisions from 2015 to early 2018 on adjudication disputes under the scope of the CIPAA 2012, originating from adjudication decisions under the auspices of the Asian International Arbitration Centre (AIAC). 
     
    The cases reported illustrate the practical issues encountered by parties to adjudications as well as the adjudicators, in the process of implementing the procedure provided in the CIPAA 2012. The decisions set out in this volume reflect the most current and pertinent issues in the statutory dispute resolution mechanism created by CIPAA 2012. 
     
    Construction Adjudication Reports of Malaysia 2018 is an essential reference for lawyers, construction specialists, construction industry players and other users of the CIPAA 2012.
     
    Amongst the cases reported are Bauer (Malaysia) Sdn Bhd v Jack-In Pile (M) Sdn Bhd (and Another Appeal) and View Esteem Sdn Bhd v Bina Puri Holdings Berhad, the latest landmark decisions by the appellate courts of Malaysia.
     
    Each case is complemented by:
    • headnote summarising the facts and decision in the judgment; and 
    • critical commentary by expert legal practitioners and adjudication panellists discussing on the effect and impact of the decision in the construction industry and adjudication practice
     

    Format

    Printed Book

    Price

    (starting at)

    RM 200.00

    Oil & Gas Contracts 3rd Edition
    Oil & Gas Contracts 3rd Edition
    2022-5-31
    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.

    Format

    eBook

    Price

    (starting at)

    RM 3,208.78

    100 Ways to Save Tax in Malaysia for Smes
    100 Ways to Save Tax in Malaysia for Smes
    2014-3R. Thornton

    100 Ways to Save Tax in Malaysia for SMEs, 2nd Edition presents clear explanations on key aspects of taxation of small and medium companies in Malaysia with valuable tax-saving ideas to enable businesses to fully use available tax breaks and incentives. This edition provides basic tax information to help owners better understand their tax liabilities and mininise their tax exposure and also supplies practical guidance on how taxpayers can meet compliance requirements so as to stay clear of penalties and tax audits.

    Key Features:

    • Describes and illustrates the use of the reduced tax rate for SMEs
    • Considers tax implications of major business initiatives from the point of view of promoters and investors
    • Discusses sales tax and service tax as well as provides guidance on the upcoming goods and services tax
    • Contains useful guidance for businesses to ensure compliance under self-assessment
    • Fully up-to-date containing new changes brought in by the Finance Act 2014

     

    Easy-to-Understand

    • Principles of taxation of SMEs are clearly explained in simple language
    • Instructive examples facilitate understanding and assist in tax planning
    • Simple Tax Planning Tips summarised at the end of every chapter
    • Detailed table of contents and useful cross-references facilitate easy navigation through the text
    • Relevant Inland Revenue Public Rulings are reproduced as appendices for easy reference
       

    Format

    Printed Book

    Price

    (starting at)

    RM 100.00

    Federal Constitution: a Commentary
    Federal Constitution: a Commentary
    2019-6-28S. Alagan

    "This work is a must for all limbs of the legal profession - law teachers, students, judges and practitioners. It is the piece in the constitutional jigsaw puzzle that has been missing for all this time."

    From the Foreword by Gopal Sri Ram

    --------------------------------------------------------------------------------------

    Prepared by a seasoned practitioner with experience of a wide spectrum of subjects of the law, this book makes available clear, detailed and analytical Article-by-Article commentary on the Federal Constitution. The principles of law developed through cases over the years, both local and foreign, are carefully distilled and summarised for the easy guidance of users.

    The provisions of the Constitution are fully up-to-date and helpful cross-references guide users through the intricacies of the working of the supreme law of Malaysia. The commentary is presented in a readable style and contains significant recent court decisions interpreting the working of the Constitution.

    KEY FEATURES

    • Clear and detailed Article-by-Article commentary on the Federal Constitution
    • Important applicable principles discussed, supported by relevant authorities
    • Discussion of cases decided upon issues arising under the fundamental liberties provisions and the pre-Merdeka laws
    • Critical analysis of some controversial decisions which provides the base for raising fresh arguments in future cases
    • Includes useful historical background and cross-references to other legislation which complement the Constitution
    • Considers foreign cases, especially those from India, Singapore, the United States and Australia, which help to interpret and provide clearer understanding of some key provisions of the Constitution

    Format

    Book & eBook

    Price

    (starting at)

    RM 384.80

    Practical Guide to Effective Dispute Resolution: Methods and Clauses 1st Edition
    Practical Guide to Effective Dispute Resolution: Methods and Clauses 1st Edition
    2024-9-23Perova
    Effective Dispute Resolution: Strategies for Lawyers, Business Managers, and Commercial Dispute Professionals In the complex world of commercial transactions, disputes are inevitable. ‘Effective Dispute Resolution’ is a guide to navigating these challenges with confidence and precision. The aim of this book is to provide practical insights into how to mitigate the economic impact of disputes and the hidden costs of litigation. This includes understanding why disputes escalate and how traditional litigation can polarise a dispute and end up destroying business relationships. The focus is on the active consideration of alternative methods that can save time, reduce costs, and preserve partnerships. The emphasis is on effective, rather than alternative, dispute resolution. Comprehensive coverage of: Drafting robust dispute resolution clauses to pre-emptively manage conflicts. Non-binding methods: negotiation, mediation, and early neutral evaluation. Binding methods: expert determination, arbitration, and litigation. Hybrid approaches: blended strategies that combine the best of all methods. Innovative perspectives: The evolution and effectiveness of online dispute resolution and remote hearings. The development and future impact of AI in dispute resolution. The psychology of dispute resolution and the importance of the human factor in effective dispute resolution. Practical tips for in-house counsel and international lawyers to resolve disputes efficiently across jurisdictions. Whether you are a seasoned dispute resolution lawyer, an in-house legal adviser, or a business manager involved in a dispute, this book offers valuable tools and strategies to achieve optimal outcomes. Drawing on the latest trends and real-world examples, ‘Effective Dispute Resolution’ serves as a comprehensive guide to mastering the art of commercial dispute management to deliver the most effective outcome.

    Format

    Printed Book

    Price

    (starting at)

    RM 1,022.52

    Essential Company Law in Malaysia: Navigating the Companies Act 2016, Second Edition
    Essential Company Law in Malaysia: Navigating the Companies Act 2016, Second Edition
    2021-10-11Dr C. W. Meng

    Presenting the law in a clear and concise style, this updated second edition guides and supports a quick understanding of the Malaysian company law system. Regular reference is made to the provisions of the Companies Act 2016 to enable the reader to appreciate the statutory scheme regulating companies in Malaysia. Illustrations are used to clarify concepts and cases are cited for reference. Mind maps have been included to assist a quick appreciation of key concepts and procedure. Comparison is made with the former scheme under the Companies Act 1965 where relevant and helpful comments are included to aid the analysis of more difficult areas of the law.

    Each chapter begins with its learning objectives, presents the essential principles in succinct paragraphs and concludes with a summary to ensure that the reader obtains a clear understanding of the subject matter covered. A section titled “Points to Ponder” highlights difficult areas which may merit further discussion and consideration. The Appendix to the book contains a useful comparison of key provisions in the Companies Act 1965 and the Companies Act 2016.

    Changes made by the Companies Act 2016 Reprint and the Companies (Amendment) Act 2019 have been covered, including the requirements for the execution of documents and the conditions for loans to directors.

    This book is especially suitable for non-law degree students who take Company Law in their course of study as well as candidates taking MAICSA, ACCA, MICPA and MIA examinations. It can also be of interest to practitioners who need a quick refresher on basic principles and those who want to learn more about the general law relating to companies and how the Companies Act 2016 impacts their business.

    Key Features of this New Edition

    • Presents essential principles in clear and succinct style
    • Contains illustrations and charts that facilitate understanding
    • Mind maps support easy understanding of key concepts and procedure
    • New developments include requirement for register of beneficial owners, audit exemption and regulations on judicial management and corporate voluntary arrangement
    • Expanded coverage of the law on partnership and limited liability partnership
    • Extensive cross-referencing for easy navigation through the book
    • “Points to Ponder” highlights difficult areas which merit further consideration
    • Appendix makes available a useful comparison of differences between the Companies Act 1965 and the Companies Act 2016 and acts as an index to the contents of the book

       

    Format

    eBook

    Price

    (starting at)

    RM 205.29

    Criminal Law in Malaysia
    Criminal Law in Malaysia
    2023-7-31A.A. Ali Mohamed | M.H. Ahmad
    Quote from Foreword
     
    “This book, Criminal Law in Malaysia with its 31 chapters, is an excellent introductory text which comprehensively covers the major areas of criminal law.  The table of contents is organised in a very appropriate fashion … The chapters on Islamic criminal law  and international criminal law are additional features which make this book go beyond an ordinary Criminal Law textbook.”
     
    From the Foreword by
    Tun Arifin bin Zakaria
    Former Chief Justice of Malaysia

    About the Book
     
    Criminal Law in a key area of the law which operates and continues to grow each day. There is no doubt that an up-to-date title such as this is very much needed today. Encompassing 31 chapters, Criminal Law in Malaysia provides an excellent coverage of the major areas of Criminal Law, both those within the ambit of the Penal Code and those covered by other independent statutes such as drug trafficking, money laundering, cyber crime, sedition and Islamic criminal law.
     
    Setting out clearly the elements and scope of the many types of criminal offences and corresponding punishments imposed, this title is the go-to text for all students studying Criminal Law in the Malaysian curriculum. Written with easy comprehension as its foremost objective, the text affords quick mastery of this wide and complex area of law. Besides covering the substantive topics of Criminal Law, ancillary matters like abetment, joint liability, conspiracy, attempt and applicable defences are also considered. The inclusion of chapters on Islamic criminal law and International criminal law broadens the coverage of this book.
     
    The operation of the Abolition of Mandatory Death Penalty Bill 2023 which was recently passed by Parliament to remove mandatory death sentences from the Penal statutes besides redefining the sentence of imprisonment of life has been discussed in a dedicated chapter to keep abreast with this key development in criminal sentencing in Malaysia.
      
    Written by subject matter experts from different Malaysian universities, the chapters in the book comply with the requirements of the course outline of Criminal Law which is taught in most local universities thereby making it a key reference text. With its expert writers from diverse backgrounds and experience, this book should be of great interest not only to undergraduate law students but also to the general public who may want to deepen their knowledge and understanding of the essentials of Malaysian Criminal Law. 
     
    Key Features
     
    • Provides comprehensive coverage of Criminal Law, written in a practical and simplified manner for easy understanding
    • Adequately supported by case law and statutory provisions with other references providing signposts for further readings
    • Wide coverage that includes crimes of topical concern like terrorism, money laundering, cyber crimes, and corporate criminal liability
    • Contains useful overview of the criminal jurisdiction of the courts and outline of key criminal processes
    • Multiple contributors from various universities, making this the go-to student text 
    • Discusses operation of the Abolition of Mandatory Death Penalty Act 2023
    • Includes coverage of Islamic criminal law and international criminal law 

    Format

    eBook

    Price

    (starting at)

    RM 178.05

    Our Constitution
    Our Constitution
    2019-2-28<p><strong><u>Author:</u></strong></p> <p>Faruqi, S. S.</p>
    Internalisation of constitutional values within the community is a task for which the judiciary needs the help of the legal community to disseminate knowledge of the laws and the Constitution. This is where simple but learned books like Prof Shad Faruqi’s Our Constitution can help … I recommend this book to all lovers of constitutional law within the rakyat, the bureaucracy, and the legal community.”
    From the Foreword by
    Tan Sri Datuk Seri Panglima Richard Malanjum
    Chief Justice of Malaysia
     
    KEY FEATURES
    • Provides comprehensive and illuminating explanation of the Federal Constitution
    • Contains the invaluable knowledge of a constitutional law expert
    • Uses a clear structure and helpful headings to enable easy access to relevant information
    • Written in clear and simple language

    This book has been specially written to provide a good and clear understanding of the Malaysian Federal Constitution to all. Prepared by Malaysia’s acknowledged constitutional law expert, Shad Saleem Faruqi, it is a book full of valuable information on the intricacies of the workings of Malaysia’s supreme law. Drawing from his extensive knowledge of the subject, the author has prepared a text that is comprehensive, yet easy-to-read. For those needing more in-depth sources, relevant case authorities and provisions of the Constitution have been provided.

    Divided into 9 Parts comprising a total of 36 chapters, this book explains important topics like the main characteristics of the Federal Constitution, separation of powers, fundamental liberties, citizenship, the Conference of Rulers, the Yang Di-Pertuan Agong, ministerial responsibility, the making of laws, the judiciary, the electoral process and the powers to combat subversion. It also looks at the pre-Merdeka ethnic compromises and considers the future of the Constitution.
     
    Containing a thoroughly enlightening and engaging account of the Constitution, this is a book which should be read by all Malaysians, young and old, to have an essential appreciation of the supreme law which formed this country and continues to provide the framework to secure its future prosperity. 
     

    Format

    Printed Book

    Price

    (starting at)

    RM 60.00