BRIEF DESCRIPTION: 

This is an advanced textbook which is intended to guide the construction lawyer in the law, court documents and best practices of construction law in Malaysia. The book is written by experienced construction lawyers and construction industry professionals, and our firm’s senior lawyer, Ashley Danker played a pivotal role in managing and editing this publication, coordinating the efforts of all the authors.

Contents

1. Introduction
2. An Overview of Construction Law in Malaysia
3. Statutory Control of the Construction Industry in Malaysia
4. Construction Procurement and Contracts
5. Design and Supervision Obligations in Construction
6. Risk and Management Obligations in Construction
7. Variation and Changes
8. Quality and Defect Obligations in Construction
9. Progress Obligations in Construction
10. Completion Obligations in Construction
11. Payment Obligations in Construction
12. Termination of Construction Contracts
13. Negligence Associated with Execution of Construction Work
14. Construction Insolvency
15. Statutory Adjudication
16. Arbitration
17. Litigation in the Construction Court
18. Construction Mediation
19. The Effects of the COVID-19 Pandemic on Construction Law

The phenomenon of construction is an ancient one. Civilisation is built on bricks, concrete, mortar, and steel. As new technologies emerge in this area, so, too, has the law evolved to stay abreast. This book is a collaborative effort between professionals whose respective involvement in the legal and practical aspects of construction in Malaysia is brought to bear in this addition to the Malaysian Practice Series.

The result of their collaboration is a nuanced, balanced and detailed coverage of the most essential topics in construction law and practice, including construction procurement and contracts, design and supervision obligations, quality and defect obligations, variation and extension of time, termination of construction contracts, and the application of the COVID-19 Act 2020 to the construction industry.

The book considers and analyses various standard forms commonly adopted in the Malaysian construction industry. Key cases are presented in the form of illustrations which seek to present essential principles in an easily digestible form. The book is invaluable to all legal professionals engaged in the practice of construction law as well as construction professionals in Malaysia and contains discussion of current Malaysian cases and applicable statutes.

Key Features

  • Collaboration between lawyers and construction industry professionals to provide balanced and nuanced coverage of contemporary legal and practical challenges in construction in Malaysia
  • Illustrations of key cases make important legal principles abundantly clear
  • Analysis and discussion of commonly applied standard forms of contract
  • Discussion clearly supported by local and foreign case law as well as statutory provisions
  • One chapter dedicated to the discussion of the effects of the COVID-19 Act 2020 on construction projects