Interpreting contractual provision: extension of time

Construction projects that require extensions of time is a common phenomenon throughout the world. A significant number of such construction projects encounter some form of delays in the process and hence, the time for completion would be typically extended. Yet, the pertinent question is whether su...

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Main Author:	Ding, James Tse Wen
Format:	Thesis
Language:	English
Published:	2015
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/50672/25/JamesDingTseMFAB2015.pdf
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id	my-utm-ep.50672
record_format	uketd_dc
spelling	my-utm-ep.506722020-07-08T03:20:24Z Interpreting contractual provision: extension of time 2015-01 Ding, James Tse Wen TH Building construction Construction projects that require extensions of time is a common phenomenon throughout the world. A significant number of such construction projects encounter some form of delays in the process and hence, the time for completion would be typically extended. Yet, the pertinent question is whether such the granting or disallowance of such extension of time is properly considered in light of the contractual background. The reality of this could be somewhat explained by the differing scope and complexity of the construction works undertaken in recent years. Increasing demands for more ambitious buildings or structures has inevitably led to construction designs that push the boundaries of the technical requirements involved. While the technicalities in the construction industry have been increasing in recent years, the development of law with regards to the application of extension of time has witnessed its own progression. The question therefore is whether the legal development moves in consonance with the practicality and commerciality required and expected from the construction professionals and to the industry itself. This paper will consider the approach taken in applying extension of time clauses and the factors involved. This would necessarily require an examination of the legal principles in contractual interpretation to provide the necessary depth to the overall analysis. Thereafter, the scope of extension of time within construction projects will be analysed from a legal perspective and the progression thereof is charted through the development of both statutes and case law. The term of reference would primarily draw from the Commonwealth jurisdictions given the dearth of approaches and case law that have emerged from this area. 2015-01 Thesis http://eprints.utm.my/id/eprint/50672/ http://eprints.utm.my/id/eprint/50672/25/JamesDingTseMFAB2015.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:85482 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Ding, James Tse Wen Interpreting contractual provision: extension of time
description	Construction projects that require extensions of time is a common phenomenon throughout the world. A significant number of such construction projects encounter some form of delays in the process and hence, the time for completion would be typically extended. Yet, the pertinent question is whether such the granting or disallowance of such extension of time is properly considered in light of the contractual background. The reality of this could be somewhat explained by the differing scope and complexity of the construction works undertaken in recent years. Increasing demands for more ambitious buildings or structures has inevitably led to construction designs that push the boundaries of the technical requirements involved. While the technicalities in the construction industry have been increasing in recent years, the development of law with regards to the application of extension of time has witnessed its own progression. The question therefore is whether the legal development moves in consonance with the practicality and commerciality required and expected from the construction professionals and to the industry itself. This paper will consider the approach taken in applying extension of time clauses and the factors involved. This would necessarily require an examination of the legal principles in contractual interpretation to provide the necessary depth to the overall analysis. Thereafter, the scope of extension of time within construction projects will be analysed from a legal perspective and the progression thereof is charted through the development of both statutes and case law. The term of reference would primarily draw from the Commonwealth jurisdictions given the dearth of approaches and case law that have emerged from this area.
format	Thesis
qualification_level	Master's degree
author	Ding, James Tse Wen
author_facet	Ding, James Tse Wen
author_sort	Ding, James Tse Wen
title	Interpreting contractual provision: extension of time
title_short	Interpreting contractual provision: extension of time
title_full	Interpreting contractual provision: extension of time
title_fullStr	Interpreting contractual provision: extension of time
title_full_unstemmed	Interpreting contractual provision: extension of time
title_sort	interpreting contractual provision: extension of time
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2015
url	http://eprints.utm.my/id/eprint/50672/25/JamesDingTseMFAB2015.pdf
_version_	1747817508241408000

Interpreting contractual provision: extension of time

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