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:
Format
Book & eBook
Price
(starting at)
RM 280.00
- 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
Format
eBook
Price
(starting at)
RM 3,208.78
Format
eBook
Price
(starting at)
RM 2,187.80
“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”
Judge of the High Court
- 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
- 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
“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
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:
Format
eBook
Price
(starting at)
RM 242.00
Format
Printed Book
Price
(starting at)
RM 2,025.74
“This latest edition must be given its rightful place in the armoury of anyone associated with construction law and statutory adjudication.”
Judge of the High Court
- 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
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
- 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
Format
Book & eBook
Price
(starting at)
RM 2,738.81
“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
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