Tag Archives: Contract Law

Domestic (Malaysian) Judgments on Malaysian Construction and Contract Law

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Malaysian Judgments

The following Domestic (Malaysian) Judgments are already included on our site. Please visit where you will get a brief overview of the judgment and its relevance together with being able to read the complete judgment. It’s FREE.

International Judgments – Malaysian Construction and Contract Law

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International Judgments

The following International Judgments are already included on our site. Please visit where you will get a brief overview of the judgment and its relevance together with being able to read the complete judgment. It’s FREE.

FIDIC Silver Book – Claiming for Design Creep

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FIDIC Silver Book – Claiming for Design Creep

Employers are increasingly looking for greater financial certainty when seeking large infrastructure projects under EPC or Turnkey contracts. Under these contracts the Contractor is fully responsible for design, construction and management complete so that when the project reaches practical completion, the Employer needs only to ‘turn the key’ and operation of the plant or facility can begin immediately. The whole point is that the Contractor accepts the price risk in return for the freedom to decide over how he delivers the project, provided of course he meets the ‘Employer’s Requirements’.

It can often be the case that Employers want the price certainty that this procurement route offers but also want to retain control over design approval and how the project is actually delivered.

If the Employer attempts to introduce many or costly design improvements under the guise of reviewing the Contractor’s documents against the Employer requirements this can lead to the Contractor claiming ‘Design Creep’.

Sub-Clause 5.2 of the FIDIC Silver Book Conditions of Contract allows the Employer to review the Contractor’s Documents…… more

Restraining a Call on a Performance Bond – Unconscionability

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Restraining a Call on a Performance Bond – Unconscionability

Firstly let’s address what ‘unconscionability’ actually means. Unconscionability (also known as unconscientious dealings) is a term used in contract law to describe a defence against the enforcement of a contract based on the presence of terms that are excessively unfair to one party. Typically, such a contract is held to be unenforceable because the consideration offered is lacking or is so obviously inadequate that to enforce the contract would be unfair to the party seeking to escape the contract.

In and of itself, inadequate consideration is likely not enough to make a contract unenforceable. However, the court will consider evidence that one party to the contract took advantage of its superior position to insert provisions……. Read More

Kejuruteraan Bintai Kindenko Sdn Bhd v Nam Fatt Construction Sdn Bhd [2011]

Malaysian Refining Company Sdn Bhd v Sumatec Engineering and Construction Sdn Bhd [2011]

ESSO Petroleum Malaysia Inc v Kago Petroleum Sdn Bhd [1995]

Book Reviews added to Malaysian Construction and Contract Law

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We have added a Book Review section to the Malaysian and Construction Law Site which will allow visitors not only the opportunity to read a general review of a featured book but also to submit queries and questions in relation to the specific content of the books and the books relevance to particular subject area. So whether you are a student or industry professional you can enquire as to the content of particular books featured on Malaysian Construction and Contract Law and we will attempt to answer your questions before you make any decision to buy a particular book.

The books currently featured are shown here:

 

As more books are feature we shall keep you updated

Welcome To Malaysian Construction and Contract Law

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Malaysian Construction and Contract Law has been launched to provide a free resource to those involved with the construction industry and its many related industries in the field of construction disputes and contract law specifically that relating to Malaysia but also case-law which has been the result of rulings outside of Malaysia which have formed the basis of decisions in Malaysia.

In addition to a resource Malaysian Construction and Contract Law aims to provide a forum where individuals can follow and discuss news together with current events relevant to Construction Disputes and keep abreast of developments within this particular field of the Construction Industry within Malaysia.

It is hoped that the site will grow to be a helpful reference in respect of Construction and related Disputes, Case Law and Legal Reference for those interested in the subject of Malaysian Construction and Contract Law.