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Proof of documentation in claming extension of time

Construction projects have become increasingly complex and are subject to various risks, thus delays or disruptions to project programmes become an unavoidable issue. In Malaysian Standard Forms of Contract, the lists of relevant events are provided to allow the contractor to claim for extension of...

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Main Author: Wong, Ing Sing
Format: Thesis
Language:English
Published: 2016
Subjects:
QE Geology
Online Access:http://eprints.utm.my/id/eprint/78628/1/WongIngSingMFAB2016.pdf
http://eprints.utm.my/id/eprint/78628/
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spelling my.utm.786282018-08-29T07:53:10Z http://eprints.utm.my/id/eprint/78628/ Proof of documentation in claming extension of time Wong, Ing Sing QE Geology Construction projects have become increasingly complex and are subject to various risks, thus delays or disruptions to project programmes become an unavoidable issue. In Malaysian Standard Forms of Contract, the lists of relevant events are provided to allow the contractor to claim for extension of time. The contractors carry a burden of proof to establish with credible evidence in order to prove his entitlement to the claims. However, a lack of knowledge amongst the contractors is the main reason of failure to prepare detailed supporting information and poor quality of documentations. It renders the extension of time claims becoming fatal. Therefore, this study aims to establish an extension of time claim checklist for relevant events identified, such as Force Majeure, exceptionally inclement weather condition, late instructions from architect, and delay by employer in giving site possession. These four relevant events have been selected because they are stated in the major standard form of contract in Malaysia. A total of nine previous court cases were analysed in order to investigate on the requirements highligthed in the judgement of the court in the context of extension of time claims. This is later followed with the analysis of real life projects, in order to find out what are the supporting documents submitted by the contractors in claiming extension of time under the identified events within Johor Bahru. A further comparative analysis and content analysis have been carried out to determine whether the supporting documents by contractors are in adherence to those required by the court in establishing an extension of time checklist for the relevant events chosen. As a result, there are a total of four requirements highlighted by the court case under Force Majeure and exceptionally inclement weather respectively, six requirements under late instructions from architect and two requirments under delay by employer in giving site possession. These requirments have been the salient points enunciated in the checklist which may act as a reference point by the contractors in submitting their extension of time claims for the relevant events identified. 2016-09 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/id/eprint/78628/1/WongIngSingMFAB2016.pdf Wong, Ing Sing (2016) Proof of documentation in claming extension of time. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment. http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94011
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
language English
topic QE Geology
spellingShingle QE Geology
Wong, Ing Sing
Proof of documentation in claming extension of time
description Construction projects have become increasingly complex and are subject to various risks, thus delays or disruptions to project programmes become an unavoidable issue. In Malaysian Standard Forms of Contract, the lists of relevant events are provided to allow the contractor to claim for extension of time. The contractors carry a burden of proof to establish with credible evidence in order to prove his entitlement to the claims. However, a lack of knowledge amongst the contractors is the main reason of failure to prepare detailed supporting information and poor quality of documentations. It renders the extension of time claims becoming fatal. Therefore, this study aims to establish an extension of time claim checklist for relevant events identified, such as Force Majeure, exceptionally inclement weather condition, late instructions from architect, and delay by employer in giving site possession. These four relevant events have been selected because they are stated in the major standard form of contract in Malaysia. A total of nine previous court cases were analysed in order to investigate on the requirements highligthed in the judgement of the court in the context of extension of time claims. This is later followed with the analysis of real life projects, in order to find out what are the supporting documents submitted by the contractors in claiming extension of time under the identified events within Johor Bahru. A further comparative analysis and content analysis have been carried out to determine whether the supporting documents by contractors are in adherence to those required by the court in establishing an extension of time checklist for the relevant events chosen. As a result, there are a total of four requirements highlighted by the court case under Force Majeure and exceptionally inclement weather respectively, six requirements under late instructions from architect and two requirments under delay by employer in giving site possession. These requirments have been the salient points enunciated in the checklist which may act as a reference point by the contractors in submitting their extension of time claims for the relevant events identified.
format Thesis
author Wong, Ing Sing
author_facet Wong, Ing Sing
author_sort Wong, Ing Sing
title Proof of documentation in claming extension of time
title_short Proof of documentation in claming extension of time
title_full Proof of documentation in claming extension of time
title_fullStr Proof of documentation in claming extension of time
title_full_unstemmed Proof of documentation in claming extension of time
title_sort proof of documentation in claming extension of time
publishDate 2016
url http://eprints.utm.my/id/eprint/78628/1/WongIngSingMFAB2016.pdf
http://eprints.utm.my/id/eprint/78628/
http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:94011
_version_ 1643657956628103168
score 13.211869

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