A. Introduction One of the risks that are often oversight by contractor when tendering a project is the risks associated with site conditions. Contractor often assumes the geotechnical report provided by the Employer would reflect the actual condition on site. Unforeseen ground conditions are also known as differing site conditions are defined as “latent physical
Completion of works is of paramount importance in the construction industry. As the saying goes: “Time is Money”, delay in completion may have serious financial repercussions on the stakeholders in terms of compensation to be paid to end purchasers, loss of income from production, and higher construction costs. Therefore, most construction contracts have a liquidated
Recently, the High Court of Sabah & Sarawak in the case of Tekun Cemerlang Sdn Bhd v Vinci Construction Grands Project Sdn Bhd [2021] MLJU 466 has granted a stay of adjudication proceedings on the grounds that the solicitor firm which represented the Defendant is not Sabah Advocates. Although the Court has expressly cautioned that
Construction litigation is expensive as it often involves a high disputed amount, convoluted and contested facts. According to the statistics, the total amount in dispute of construction adjudication cases registered with the Asian International Arbitration Centre (AIAC) in the year 2018 alone was worth RM2.2 billion1. Against the backdrop, parties should try to avoid
