In today’s dynamic world, the development of infrastructure, buildings, factories, schools and residences is underpinned by construction law which regulates and determines the execution of building and construction work. The complexity of building projects and construction contracts often gives rise to various disputes which require resolution. Due to the large sums of money involved in building projects, the resolution of disputes is usually long drawn out and concerns many intricate and inter-related legal issues.
Construction law is a vast field comprising diverse legal topics. The ever-evolving boundaries of construction law constantly challenge a clear demarcation of what this subject entails. This book is intended to be a practitioner’s reference to construction law. Through its comprehensive coverage, it is an indispensable repository of knowledge on construction law. Containing 46 well-structured chapters, this book provides detailed and practical analysis of the applicable law and practice.
Written by an author with long experience in construction law, the content provides invaluable treatment of construction law supported by local and foreign case law as well as industry forms of contract and guidelines. The two volumes provide invaluable exposition on the position of the law and its practical application. A copious number of cases have been succinctly summarised and presented to serve as guides on how legal principles operate in practice.
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:
Price:
RM 1,000.00
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:
Price:
RM 280.00
Price:
RM 2,026.00
“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”
Price:
RM 420.00
“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
Price:
RM 450.00
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
Price:
RM 300.00
Price:
RM 200.00
The expansion and maturing of the nation's construction industry in recent years has seen corresponding growth and development in the field of construction law. Players in the industry would have observed the increase in the number of construction cases brought before the courts or arbitration, and statutory developments such as the enactment of the Arbitration Act 2005. Another significant development in the field is the publication of the revised PWD family of standard forms of construction contract, widely used for public sector construction, and increasingly, private sector civil engineering construction.
This book is a comprehensive and practical commentary to the PWD 203A and 203 forms of contract (2007 edition). Written in a balanced and readable style, it seeks to serve the needs of the technical person as well as the construction lawyer in the complex legal endeavour of interpreting these construction contracts. Its cause-by-clause analysis concentrates on the interpretation of all the clauses from both legal and operational aspects, and also identifies pitfalls to avoid.
The commentary contains references to relevant decided cases, local law and practice. Foreign cases of strong persuasive authority are also cited. The law stated in the book is up-to-date to June 30, 2011 and includes recent Court of Appeal decisions such as Bukit Cerakah Development Sdn Bhd v L'Grande Development Sdn Bhd [2008] 2 AMR 597 (deduction against payment certificate) and Nirwana Construction Sdn Bhd v Pengarah Jabatan Kerja Raya Negeri Sembilan Darul Khusus & Kerajaan Malaysia [2008] 4 MLJ 157 (termination of contractor's employment).
Readers will benefit from the insights of an author who has training and wide experience in the fields of law, quantity surveying and arbitration. The book will serve as a useful reference handbook for those involved in the construction industry undertaking public sector work, such as government officials, architects, engineers, quantity surveyors, contractors, sub-contractors and construction lawyers. It is also an invaluable guide to undergraduates involved in the building and engineering disciplines.
Price:
RM 320.00
