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Articles

In the course of providing construction project management advisory services to our clients, we have identified many key issues which arise in the construction industry. Therefore, we have published articles that we believe will educate and create awareness to the construction practitioners.

  1. Does repudiation of contract allow the non-defaulting party to terminate the contract? (in the context of the construction industry) - Have you ever wondered what are the available recourses as a Contractor in the event of non-payment by the Employer?  Learn More
  2. Compliance of Serving Notice as A Condition Precedent for an Extension of Time Claim - As a Contractor, are you aware that serving a written notice for an Extension of Time (EOT) is vital? In this article, we have addressed the importance and impact of serving a Notice of Delay as a condition precedent so that Contractor would not waive his contractual rights for an EOT entitlement. Further, we have incorporated a recent case law which demonstrated that a contractual condition precedent can be waived by conduct. Learn More
  3. Application of Extension of Time - Referring to our previous article on "Compliance of Serving Notice as a Condition Precedent for an Extension of Time Claim", we would like to share the importance of fulfilling an application of Extension of Time (EOT) in our latest article below. Learn More
  4. An Introduction of Alternative Dispute Resolution Methods as an Option for Resolving Construction Disputes in Malaysia - We would like to share the determinants of selecting the appropriate ADR method and the common types of ADR methods in Malaysia based on our latest article below. Learn More
  5. Interpretation of "Rationalisation of Rates" In A Construction Contract - We would like to share our latest articles on the "Interpretation of "Rationalisation of Rates" In A Construction Contract" for your reading pleasure. Learn More
  6. Mediation - An Avenue For Preliminary Stage of Construction Disputes - We hope that our latest article enlightens you that Mediation may be the way forward for navigating parties' positions and narrowing the scope of construction disputes. Learn More
  7. Remedies For Non-Payment - To close the year 2022, we would like to share our latest article on the "Remedies For Non-Payment” for your reading pleasure. If you are facing non-payment issues as a Contractor, these are some of the remedies that you may consider. Learn More
  8. Interpretation of "No Payment Upon Determination" Under Clause 23.5 of PAM 2006 Sub-Contract vs PAM 2018 Sub-Contract - As a Sub-Contractor, are you aware that your certified payment may be withheld by the Main Contractor upon determination? In our latest article, we would like to share our opinion on the amendments made for Clause 23.5 of PAM 2018 Sub-Contract as compared to the PAM 2006 Sub-Contract for your reading pleasure. Learn More
  9. Parties Contracting Out of CIPAA 2012 - As a Contractor, have you encountered any situation where contracting parties are looking to contract out of CIPAA 2012? In our latest article, we talk about this very topic for your reading pleasure. Learn More
  10. Types of Claims - As a stakeholder in the construction industry, are you aware that there are different types of claims available in the construction industry? In our latest article, we talk about this very topic for your reading pleasure. Learn More
  11. Why Should A Contractor Take Precautions Before Signing or Accepting The Letter of Award? - As a Contractor, are you aware of the provisions in the Letter of Award which may be unfavourable and likely to impose high risk in terms of time and cost during the course of the project? In our latest article, we would like to share the salient provisions that you should be aware of prior to signing the Letter of Award. Learn More
  12. Termination of Contract Without A Termination Clause in The Contract - As a stakeholder in the construction industry, have you encountered any situation where contracting parties are looking to terminate a party wihout a termination clause within the contract? In our latest article, we discuss this very topic for your reading pleasure. Let us know what you think of it after reading our article. Learn More
  13. Final Account, Final Certificate and Final Payment: Are They Interrelated? - As a construction industry stakeholder, are you aware of the differences between "Final Account", "Final Certificate" and "Final Payment"? In our latest article, we hope it clears your doubt and able to gain insights on the proper procedures that lead towards the timely final payment. Learn More
  14. Compliance Of The Standard Of Workmanship And Quality Are Important Throughout The Project Execution - As a Contractor, have you experienced any setbacks due to non-compliance with the standard of workmanship and quality as laid out in the contract? In our latest article, we would like to share our two cents on why the standard of workmanship or quality should be complied in accordance with the contract. Learn More
  15. Retention Sum: Best Practices for Contractors - As a Contractor, have you experienced any challenges when it comes to claiming your retention sums? In our latest article, we share our observation on the best practices for contractors to claim their retention sums in accordance to the contract. Learn More
  16. Practical Completion In A Construction Project: What Should You Know? - As a Contractor, are you aware of the meaning of practical completion? And what would be triggered upon practical completion? In our latest article, we would like to share the rights and obligations of the Contractor in achieving the critical milestone in every construction contract. Learn More
  17. Progress Claim: Do You Know What Are The Documents Required To Substantiate Your Progress Claim? - As a Contractor, are you curious to understand the essential documents for substantiating progress claims? In our most recent article, we delve into this matter and share our opinion on the potential consequences of lacking adequate documentation for your claim. Learn More
  18. How To Successfully Claim For Loss And Expense? - As a Contractor, are you curious to know how to increase your chances to successfully claim for loss and/or expenses? In our most recent article, we delve into this matter and share our opinion on how to maximize your chances to succeed in your claim. Learn More
  19. Documentation and Records-Keeping by Contractor Quantiy Surveyor - As a Contractor QS, do you practice proper documentation and keeping good records in your day-to-day work? In this article, we would like to share with you the reason why these actions shall be taken into account seriously. Learn More
  20. Is It Possible To Contest Imposition Of Liquidated Damages? - As a Contractor, have you ever pondered challenging the imposition of Liquidated Damages? In our most recent article, we delve into this matter and share our opinion on the potential grounds for contesting claims related to Liquidated Damages. Learn More
  21. Compliance Of The Architect Instruction - As a Contractor, what would you do when you receive instructions from the Architect, Engineer or even Clerk of Works? In our latest article, we delve into this matter and share the significance of complying with the Architect's Instruction. Learn More
  22. Does Descoping of Works Sound Familiar? - As a contractor, are you prepared for the possibility of descoping? Our latest article explores the factors involved, examines key contract provisions, discusses the necessity for bona fide omissions, and reveals the significant impact descoping can have on both Employers and Contractors. Learn More

Disclaimer: All information in the website is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, validity, reliability, availability or completeness of any information in the website.

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