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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.
  • 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

    Construction Adjudication in Malaysia
    Construction Adjudication in Malaysia
    2022-3-25L.W. Loon | I.Y.F. Loo

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

    From the Foreword by
    Dato’ Mary Lim Thiam Suan
    Judge of the Federal Court
     
    “I am more than confident that this book would find a permanent place in the library of all construction practitioners, be they adjudicators, claims consultants, lawyers, and of the courts as well.”
    From the Foreword by
    Dato’ Lee Swee Seng
    Judge of the Court of Appeal
     
    “… the CIPAA is not a straightforward statute to navigate. Legal commentaries are needed to guide users. This treatise is one of them. … [It] has been well received and referred in many Malaysian court cases including by the appellate courts …”
    From the Foreword by
    Dato’ Lim Chong Fong
    Judge of the High Court

    About the Book
     
    Construction Adjudication in Malaysia examines legal principles which govern the application of the CIPA Act 2012. It examines and analyses most of the important judicial decisions on construction adjudication made by the courts in Malaysia, the United Kingdom, New Zealand, Australia and Singapore. Since the publication of the second edition, there have been more than 200 reported judicial decisions from the courts in Malaysia, including the Federal Court decisions in Jack-In-Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn Bhd.
     
    Organised in 22 systematically-structured chapters, the book provides in-depth and practical guidance on all stages of the adjudication process, from the filing of a payment claim, to the commencement of adjudication proceedings, the management of the adjudication proceedings up to the delivery of the adjudication decision, as well as enforcement, stay and challenge of adjudication decisions. This is topped off with an easy-to-understand and comprehensive Practice Guide which provides a step-by-step framework to successfully navigate the entire adjudication process.
     
    The present work is a new and revamped edition of the highly regarded first and second editions, which have been described as a ‘seminal’ book on adjudication in Malaysia, and often referred to in Malaysian court judgments. This edition will continue to serve as a useful reference for judges, legal practitioners, adjudicators and students, as well as other stakeholders in the construction industry including employers, contractors, subcontractors, suppliers and consultants.
     
    Key developments covered in this edition
    • Scope of application of the CIPA Act 2012
    • Scope of the exclusion provision under s 3 of the CIPA Act 2012
    • Rights of a successful party under an adjudication decision, including the right to present a winding-up petition based on an adjudication decision
    • Meaning of ‘payment’ under s 4 of the CIPA Act 2012, including whether it includes final account claims, and loss and expense claims
    • Power of the court to sever an adjudication decision, and enforce only the good part of the decision
    • The test for establishing ‘possibility of or apparent bias’
    • Requirement of ‘clear and unequivocal error’ in View Esteem explained
    • Meaning of ‘fraud’ under s 15(a) of the CIPA Act 2012 defined
    • Extent of immunity of Director or Acting Director of the AIAC
    • Recent cases on setting aside and stay of adjudication decisions
    • An updated Practice Guide on Adjudication

    Format

    Book & eBook

    Price

    (starting at)

    RM 436.80

    Construction Arbitration
    Construction Arbitration
    2023-9-30C.K. Fong
    In the construction industry, arbitration is still the major means of dispute resolution, particularly for large, complex projects. Yet parties frequently find the process foreboding and increasingly challenging. This book is addressed to employers, contractors and their consultants in the construction industry who have to make a decision to refer a matter to arbitration.
    From the vantage of the parties, the focus is on the preparation and presentation of a party’s case in arbitration and the management of the process. The book examines factors which drive up the cost and time taken in arbitration, many of which are the subject of choices made by parties and can be managed to a significant extent. These factors include practical issues when selecting counsel, arbitrator and the management of the voluminous documentation and materials which have come to characterise construction arbitrations.

    Among the 16 chapters are chapters discussing –
    • Commencement Matters (Chapter 3) – development of the case theory and selection of the arbitrator.
    • Conduct of Proceedings (Chapter 4) – management of procedural matters and documents.
    • Management of Costs in Arbitration (Chapter 5) – managing costs and cost savings considerations.
    • Documents and Evidence (Chapter 6) –gathering and organisation of evidence, requests for production and hearing bundles.
    • Statements and Pleadings (Chapter 7) – drafting approaches to cause papers, pleadings and the memorials approach.
    • Factual Witnesses (Chapter 8) – selection of witnesses, drafting of witness statements and preparations for examination.
    • Expert Evidence (Chapter 9) –selection of experts, instructing the expert, presentation of expert evidence.
    • Payments and Variations (Chapter 11); Delays and Extensions of Time (Chapter 12) and Termination (Chapter 13)

      Other chapters contain discussions on Arbitration Agreement and Construction Standard Forms (Chapter 2); Written Submissions (Chapter 10); The Award (Chapter 14); Interim Measures (Chapter 15) and Other Modes of Dispute Resolution (Chapter 16).
     

     

     

    Format

    eBook

    Price

    (starting at)

    RM 929.38

    Malaysian Practice Series - Law and Practice of Construction Law in Malaysia
    Malaysian Practice Series - Law and Practice of Construction Law in Malaysia
    2021-11-22L.C.F. | I.L. | N.K.V. | C.H.L. | L.K.L. | N.L.J.X. | W.M.W.A. | N.H.F. | T.S.I. | S.S.B.C. | M.J.M. | L.A. | C.W.X.Y. | L.T.W. | R.M. | C.T. | A.A.G. | G.N. | M.Y.C.H. | A.L.T. | K.N.G.S. | J.T. | C.W.O. | K.K. | N.S.M. | W.A. | K.S.L. | Z.Z.A.R. | M.E. | O.C.K. | T.B. | N.N. | S.Y.H.M. | H.J.S. | F.J.L. | L.H.K. | M.K. | H.S.K.S. | R.K.C.S. | S.T. | D.W.K.J. | N.Y.L. | L.M.S. | H.N.S. | S.K. | O.H.C.W.

    “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

     

    Format

    eBook

    Price

    (starting at)

    RM 419.90

    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.
  • Construction Adjudication in Malaysia
    Construction Adjudication in Malaysia
    2022-3-25L.W. Loon | I.Y.F. Loo

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

    From the Foreword by
    Dato’ Mary Lim Thiam Suan
    Judge of the Federal Court
     
    “I am more than confident that this book would find a permanent place in the library of all construction practitioners, be they adjudicators, claims consultants, lawyers, and of the courts as well.”
    From the Foreword by
    Dato’ Lee Swee Seng
    Judge of the Court of Appeal
     
    “… the CIPAA is not a straightforward statute to navigate. Legal commentaries are needed to guide users. This treatise is one of them. … [It] has been well received and referred in many Malaysian court cases including by the appellate courts …”
    From the Foreword by
    Dato’ Lim Chong Fong
    Judge of the High Court

    About the Book
     
    Construction Adjudication in Malaysia examines legal principles which govern the application of the CIPA Act 2012. It examines and analyses most of the important judicial decisions on construction adjudication made by the courts in Malaysia, the United Kingdom, New Zealand, Australia and Singapore. Since the publication of the second edition, there have been more than 200 reported judicial decisions from the courts in Malaysia, including the Federal Court decisions in Jack-In-Pile (M) Sdn Bhd v Bauer (M) Sdn Bhd and Ireka Engineering & Construction Sdn Bhd v PWC Corp Sdn Bhd.
     
    Organised in 22 systematically-structured chapters, the book provides in-depth and practical guidance on all stages of the adjudication process, from the filing of a payment claim, to the commencement of adjudication proceedings, the management of the adjudication proceedings up to the delivery of the adjudication decision, as well as enforcement, stay and challenge of adjudication decisions. This is topped off with an easy-to-understand and comprehensive Practice Guide which provides a step-by-step framework to successfully navigate the entire adjudication process.
     
    The present work is a new and revamped edition of the highly regarded first and second editions, which have been described as a ‘seminal’ book on adjudication in Malaysia, and often referred to in Malaysian court judgments. This edition will continue to serve as a useful reference for judges, legal practitioners, adjudicators and students, as well as other stakeholders in the construction industry including employers, contractors, subcontractors, suppliers and consultants.
     
    Key developments covered in this edition
    • Scope of application of the CIPA Act 2012
    • Scope of the exclusion provision under s 3 of the CIPA Act 2012
    • Rights of a successful party under an adjudication decision, including the right to present a winding-up petition based on an adjudication decision
    • Meaning of ‘payment’ under s 4 of the CIPA Act 2012, including whether it includes final account claims, and loss and expense claims
    • Power of the court to sever an adjudication decision, and enforce only the good part of the decision
    • The test for establishing ‘possibility of or apparent bias’
    • Requirement of ‘clear and unequivocal error’ in View Esteem explained
    • Meaning of ‘fraud’ under s 15(a) of the CIPA Act 2012 defined
    • Extent of immunity of Director or Acting Director of the AIAC
    • Recent cases on setting aside and stay of adjudication decisions
    • An updated Practice Guide on Adjudication

    Format

    eBook

    Price

    (starting at)

    RM 391.91

    Construction Defect Claims in Malaysia
    Construction Defect Claims in Malaysia
    2019-10-16Teng K. W.
     
    “If you are involved in the construction industry, this book is compulsory reading …”
    From the Foreword by Dato’ Lee Swee Seng
    Judge of the Court of Appeal
     
    “I am confident that this book will become an authoritative reference for the industry”
    From the Foreword by Datuk Ir. Ahmad ‘Asri Abdul Hamid
    Chief Executive, CIDB Malaysia
     
    --------------------------------------------------------------------------------------

    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.

     

     
     
     
     

     

    Format

    Book & eBook

    Price

    (starting at)

    RM 312.00

    Construction Arbitration
    Construction Arbitration
    2023-9-30C.K. Fong
    In the construction industry, arbitration is still the major means of dispute resolution, particularly for large, complex projects. Yet parties frequently find the process foreboding and increasingly challenging. This book is addressed to employers, contractors and their consultants in the construction industry who have to make a decision to refer a matter to arbitration.
    From the vantage of the parties, the focus is on the preparation and presentation of a party’s case in arbitration and the management of the process. The book examines factors which drive up the cost and time taken in arbitration, many of which are the subject of choices made by parties and can be managed to a significant extent. These factors include practical issues when selecting counsel, arbitrator and the management of the voluminous documentation and materials which have come to characterise construction arbitrations.

    Among the 16 chapters are chapters discussing –
    • Commencement Matters (Chapter 3) – development of the case theory and selection of the arbitrator.
    • Conduct of Proceedings (Chapter 4) – management of procedural matters and documents.
    • Management of Costs in Arbitration (Chapter 5) – managing costs and cost savings considerations.
    • Documents and Evidence (Chapter 6) –gathering and organisation of evidence, requests for production and hearing bundles.
    • Statements and Pleadings (Chapter 7) – drafting approaches to cause papers, pleadings and the memorials approach.
    • Factual Witnesses (Chapter 8) – selection of witnesses, drafting of witness statements and preparations for examination.
    • Expert Evidence (Chapter 9) –selection of experts, instructing the expert, presentation of expert evidence.
    • Payments and Variations (Chapter 11); Delays and Extensions of Time (Chapter 12) and Termination (Chapter 13)

      Other chapters contain discussions on Arbitration Agreement and Construction Standard Forms (Chapter 2); Written Submissions (Chapter 10); The Award (Chapter 14); Interim Measures (Chapter 15) and Other Modes of Dispute Resolution (Chapter 16).
     

     

     

    Format

    Book & eBook

    Price

    (starting at)

    RM 1,035.84

    Malaysian Practice Series - Law and Practice of Construction Law in Malaysia
    Malaysian Practice Series - Law and Practice of Construction Law in Malaysia
    2021-11-22L.C.F. | I.L. | N.K.V. | C.H.L. | L.K.L. | N.L.J.X. | W.M.W.A. | N.H.F. | T.S.I. | S.S.B.C. | M.J.M. | L.A. | C.W.X.Y. | L.T.W. | R.M. | C.T. | A.A.G. | G.N. | M.Y.C.H. | A.L.T. | K.N.G.S. | J.T. | C.W.O. | K.K. | N.S.M. | W.A. | K.S.L. | Z.Z.A.R. | M.E. | O.C.K. | T.B. | N.N. | S.Y.H.M. | H.J.S. | F.J.L. | L.H.K. | M.K. | H.S.K.S. | R.K.C.S. | S.T. | D.W.K.J. | N.Y.L. | L.M.S. | H.N.S. | S.K. | O.H.C.W.

    “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

     

    Format

    Book & eBook

    Price

    (starting at)

    RM 468.00

    Construction Defect Claims in Malaysia
    Construction Defect Claims in Malaysia
    2019-10-16T.K. Wah
     
    “If you are involved in the construction industry, this book is compulsory reading …”
    From the Foreword by Dato’ Lee Swee Seng
    Judge of the Court of Appeal
     
    “I am confident that this book will become an authoritative reference for the industry”
    From the Foreword by Datuk Ir. Ahmad ‘Asri Abdul Hamid
    Chief Executive, CIDB Malaysia
     
    --------------------------------------------------------------------------------------

    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.

     

     
     
     
     

     

    Format

    eBook

    Price

    (starting at)

    RM 279.94