The Malaysian PWD Form of Construction Contract (Mainwork + Supplement) – 2nd Edition

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 endeavor 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.