Construction Law: Time in Construction

Time in Construction focuses on the heart of a construction dispute – time. With more time, more money is incurred. One party or another will seek to recover or mitigate those expenses.

It is either the employer who asserts a claim for delay damages, or the contractor who claims loss and expense for being kept on site longer than he says he should. If there is no entitlement to more time, there is then the potential for a determination of the contract for delays, and the consequential claims for damages. The rights of parties are largely rooted in time.

This book considers provisions on time in major standard form building contracts applied internationally and in Malaysia such as the provisions in the Fédération Internationale Des Ingénieurs-Conseils (FIDIC) form of contracts, the Pertubuhan Akitek Malaysia (PAM) form of contract, the Asian International Arbitration Centre (AIAC) form of contracts, and the Public Works Department (PWD/JKR) form of contracts.

Within the framework of these contractual provisions, the author then considers key features in time-related disputes – whether time is of the essence of a contract and, if so, its implications; the effects of delays to progress and completion; the quantification and assessment of loss and liquidated damages; entitlements to extensions of time; and the monetary implications to extensions of time being granted.

The author has reviewed the latest decisions of the Malaysian courts, particularly those of the appellate courts which definitively state the law, and key decisions of the courts in other Commonwealth jurisdictions.

***

About the Author

Foo Joon Liang is a partner of Gan Partnership. He is a Fellow of the Chartered Institute of Arbitrators, United Kingdom, Fellow of the Singapore Institute of Arbitrators, and 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 impressed peers as a future leader in high-value construction disputes across litigation and arbitration proceedings.”

He is also ranked as a Future Leader in Construction by Benchmark Litigation and is named by Chambers Asia Pacific 2023 for Dispute Resolution: Construction category.

In recent years, Joon Liang’s practice has focused on construction court disputes particularly for developers and contractors. He has acted in and advised on construction claims before the High Court and Court of Appeal of Malaysia, as well as in arbitration proceedings in the Klang Valley. He has also acted in some of the leading cases in construction law such as those under the Construction Industry Payment and Adjudication Act 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 and Anakku Sdn Bhd v. Au Yong Hock Seng.

Joon Liang is a regular speaker and contributor of construction law, companies law, arbitration and dispute resolution.