“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 a 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.
ABOUT THE AUTHOR
Foo Joon Liang is a partner at Gan Partnership and holds prestigious positions as a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, and the Hong Kong Institute of Arbitrators. He has been recognised as a Future Leader in Construction by Who’s Who Legal, commending his extensive experience in handling high-value construction disputes through litigation and arbitration. He has also earned accolades as a Future Star in Construction by Benchmark Litigation and is ranked in the Chambers Asia Pacific 2023 Dispute Resolution: Construction category.
Joon Liang’s practice has been primarily focused on construction and power plant disputes involving engineering-related incidents. Notably, he has led prominent cases such as the well-known hill slope failure in Penang and a bridge collapse in the Klang Valley. He has also played a key role in significant construction adjudication cases, including the first case heard at the Federal Court under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and the landmark cases of KL Eco City Sdn Bhd v. Tuck Sin Engineering & Construction Sdn Bhd & Anor.