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
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.”
Format
Book & eBook
Price
(starting at)
RM 436.80
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
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.”
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
Format
Book & eBook
Price
(starting at)
RM 312.00
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
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
Format
eBook
Price
(starting at)
RM 279.94