Post-Mortem of Construction Disputes in Malaysia HQControl
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Post-Mortem Series

Post-Mortem of Construction Disputes in Malaysia

Edition 1.0 · September 2026

Malaysia Common law PAM PWD Dispute resolution Payment Delay
JurisdictionMalaysia
Legal systemCommon law
Contract formsPAM 2018 (6th Edition), PWD 203A
SubjectsPayment, delay, variation, termination, adjudication
Project stageAdministration, claims, dispute resolution
Intended readerContractors, consultants, quantity surveyors, engineers, adjudicators, lawyers
FormatEPUB + PDF
LanguageEnglish
Legal currencyLaw and authorities current to 31 August 2026
ISBN978-967-XXXX-XX-X
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About this book

This book provides a detailed post-mortem analysis of construction disputes that have been adjudicated, arbitrated or litigated in Malaysia. Drawing on reported cases, published adjudication decisions and the author's experience, each chapter dissects a specific category of dispute — payment claims, extension of time, variations, defective work, termination and liquidated damages — to reveal the patterns of failure that recur across projects.

The book does not merely summarise the law. It reconstructs what happened, explains why the parties' positions failed or succeeded, and identifies the practical steps that contract administrators, quantity surveyors and engineers should take to prevent the same disputes arising on their projects.

This book does not cover: International arbitration, projects outside Malaysia, or FIDIC-specific procedures (see FIDIC Contracts: A Practical Guide).

Contents

  1. Introduction — The landscape of construction disputes in Malaysia
  2. Payment disputes — Certificates, claims and the late-payment problem
  3. Extension of time — Concurrent delay, global claims and the notice trap
  4. Variation and additional works — Valuation, instruction and the scope boundary
  5. Defective work — Rectification, set-off and the burden of proof
  6. Termination — Wrongful termination, repudiation and the remedy gap
  7. Liquidated damages — Enforceability, reduction and the clause-drafting problem
  8. Adjudication in Malaysia — Practice, procedure and the enforcement gap
  9. Lessons for contract administrators — Ten principles from the case law
Legal currency: Law and authorities current to 31 August 2026.
Edition 1.0 — September 2026. Minor corrections or updates will be issued as Edition 1.1 without requiring a new purchase.

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