Construction Law, Time in Construction by Foo Joon Liang | 2023

Construction Law, Time in Construction by Foo Joon Liang | 2023

A construction dispute's key issue is time, which is the topic of Time in Construction. More money is spent as time goes on. One side or the other will try to offset or recover those costs. Either the employer or the contractor will make a claim for delay damages after being held on the job site longer than they both agreed to. If there is no right to further time, the possibility of a contract determination for delays and the ensuing claims for damages exists. Parties' rights are primarily defined by contracts. 

The provisions in the Federation Internationale Des Ingenieurs-Conseils (FIDIC) forms of contracts, the Pertubuhan Akitek Malaysia (PAM) form of contract, the Asian International Arbitration Centre (AIAC) forms of contracts, and the Public Works Department (PWD / JKR) forms of contracts are just a few examples of important standard-form building contracts that are used internationally and in Malaysia. The authors then examine key elements in time-related disputes within the framework of those contractual provisions, including whether time is of the essence of a contract and if so, its implications; the effects of delays on progress and completion; the current legal framework for the imposition of contractual liquidated damages; the rights to time extensions; and the financial repercussions of time extensions being granted. 

The authors have examined recent rulings by Malaysian courts, notably those of the appellate courts that clearly establish the law, as well as significant rulings by courts in other Commonwealth nations.

Contents of Construction Law, Time in Construction

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 of Construction Law, Time in Construction:

Foo Joon Liang is a partner of Gan Partnership. He is a Fellow of the Singapore Institute of Arbitrators, the Hong Kong Institute of Arbitrators, and the Chartered Institute of Arbitrators, all in the United Kingdom. Who's Who Legal (WWL) has Joon Liang on its list of Future Leaders in Construction. According to WWL, "Foo Joon Liang has impressive experience in high-value construction disputes across litigation and arbitration proceedings." He is also listed in Chambers Asia Pacific 2023 Dispute Resolution: Construction as a Future Star in Construction by Benchmark Litigation. Joon Liang has concentrated his practise in recent years on disputes involving engineering-related mishaps in the fields of construction and power plans.

The widely reported fall of a hill slope in Penang and a bridge collapse in the Klang Valley were two of the high-profile cases he oversaw. Joon Liang has authored numerous publications in construction law, company law, arbitration, and dispute resolution. He has also participated in some of the most important cases in construction adjudication, such as the first Construction Industry Payment and Adjudication Axt 2012 (CIPAA), which was heard at the Federal Court, and the historic cases of KL Eco City Sdn Bhd v. Tuck Sin Engineering & Construction Sdn Bhd & Anor.