“Time in Construction” is a book that focuses on the crucial aspect of construction disputes, which is time. The book discusses how delays in construction projects can lead to increased costs, prompting one party to seek compensation or mitigation. The claims for delay damages or loss and expense can be made by either the employer or the contractor. If there is no entitlement to additional time, it may result in contract termination and subsequent claims for damages.
The rights of the parties involved are primarily governed by contractual provisions. The book examines the provisions on time found in major standard building contracts used internationally and in Malaysia, such as the Fédération Internationale Des Ingénieurs-Conseils (FIDIC), the Pertubuhan Akitek Malaysia (PAM), the Asian International Arbitration Centre (AIAC), and the Public Works Department (PWD/JKR) forms of contracts.
Within the framework of these contractual provisions, the authors delve into key aspects of time-related disputes, including whether time is of the essence of a contract, and if so, its implications, the effects of delays on project progress and completion, the application of liquidated damages, entitlements to extensions of time, and the financial implications of granting extensions of time.
The book incorporates the latest decisions from Malaysian courts, particularly those from the appellate courts that establish legal precedents, as well as significant rulings from other Commonwealth jurisdictions.
Chapter 1 – Contractual Provision Relating to Time in a Construction Contract
Chapter 2 – Time Being of the Essence of the Contract
Chapter 3 – The Troubling Delays in the Construction Industry
Chapter 4 – Liquidated Damages in the Construction Industry – The Malaysian Perspective
Chapter 5 – Entitlement to Extensions of Time.
Chapter 6 – Monetary Implications of Extension of Time.
About the Author:
Foo Joon Liang is a partner of Gan Partnership. He is a Fellow of the Chartered Institute of Arbitrators, United Kingdom, a Fellow of the Singapore Institute of Arbitrators, and a Fellow of the Hong Kong Institute of Arbitrators. Joon Liang is listed as a Future Leader in Construction by Who’s Who Legal (WWL). WWL noted ”Foo Joon Liang has impressive experience in high-value construction disputes across litigation and arbitration proceedings.” He is also ranked as a Future Star in Construction, by Benchmark Litigation and is ranked in the Chambers Asia Pacific 2023 Dispute Resolution: Construction category. In recent years, Joon Liang’s practice has focused on construction and power plan disputes which involve engineering-related incidents. Among the high-profile cases he led were the highly publicized failure of a hill slope in Penang and a bridge collapse in the Klang Valley. He has also acted in some of the leading cases in construction adjudication, including the first Construction Industry Payment and Adjudication Axt 2012 (CIPAA) which was heard at the Federal Court, and the landmark cases of KL Eco City Sdn Bhd v. Tuck Sin Engineering & Construction Sdn Bhd & Anor. Joon Liang has authored several publications in construction law, company law, arbitration, and dispute resolution.