Time Provisions in Standard Forms of Local and International Construction Contract

  • Ling Zhe Huei
  • Ting Sim Nee

Abstract

In any construction contract, the use terms and conditions in construction contract clauses has a great impact on the project performance, which in turn affects the achievement of the project completion date. Clauses within a contract should fit together to form a reasonably allocated risk among project parties and relevant to the complexity of projects. The General Condition clauses, which were looked at in this study, consist of the ones that relate to the time performance of the contract as well as that deal with action required at specific points in time within a contract. As we know, a clear and more complete General Condition documentation should end up with win-win situations for parties involved. If there are much unclear and even unknown information within the General Condition, the parties contracting will encounter uncertainties with relations to time that during the project execution. For the parties contracting, it is always to their advantage if more complete and comprehensive documentation used as it means fewer disputes, less conflicts, and time and energy saving during construction instead of claiming and debating over the provisions. The paper is to present an analysis on the time related clauses and provisions in the current local (used in Malaysia) and international construction contracts.

References

Ashley, D.B. and Workman, B.W. (1986). Incentives in Construction Contracts. The University of Texas at Austin CII.

Clarke, B.G. and O'reilly M. (1999). Civil engineering construction contracts, 2nd ed. England: Thomas Telford.

Collier, K. (2001). Construction Contracts. 3rd ed. New Jersey: Prentice Hall.

Hinze, J. (2001). Construction Contracts. 2nd ed. New York: McGraw-Hill Higher Education.

Nor Jalilah Binti Idris (2006). Effect of Work Programme in extension of Time Entitlement. Thesis Degree, Universiti of Teknologi Malaysia.

Mort, J. (2007, March 19). The Engineering and Construction Contract, 3rd edition Keating Chambers. http://www.keatingchambers.co.uk/resources/seminars/recent/jjm engineeringconstructioncontract.aspx. 8 August 2008

Pilley, J.L. and Coombes, H. (2001). Standard Conditions of Contract. Building Dispute Practitioners' Society Newsletter, Issue 4 - April 2001, 1-9.

Rajoo, S. (1999). The Malaysian Standard Form of Building Contract (The PAM 1998 Form), 2nd ed. Malaysia: Malayan Law Journal.

Robinson, N.M. and Lavers, A.P. (1998). Construction Law in Singapore and Malaysia. Kuala Lumpur: Butterworth.

Thomas, R. (1993). Construction Contract Claims. London: The Macmillan Press Limited.

https://doi.org/10.1007/978-1-349-22644-3

Williams, K. (1992). Civil Engineering Contracts - Volume 1: The Law, Administration, Safety. England: Ellis Horwood Limited.

Published
2010-04-01
How to Cite
Zhe Huei, L., & Sim Nee, T. (2010). Time Provisions in Standard Forms of Local and International Construction Contract. Journal of Civil Engineering, Science and Technology, 1(2), 1-7. https://doi.org/10.33736/jcest.78.2010
Section
Articles