Law Of Construction Variations | 2025*

Law Of Construction Variations | 2025

In construction projects, it is often not feasible to address every detail and aspect of the required works in the contract documents. As a result, certain specifications are implied or inferred to be part of the contract, provided they are reasonable, necessary, and do not conflict with the express terms of the agreement. This can lead to disputes, as the contractor may not have accounted for or priced these implied aspects, potentially resulting in a claim for a variation order later on.

This book addresses issues related to variations in construction works. After determining the scope of the original work, both express and implied, the book explores the power to make variations, the procedure for doing so, and the valuation of variations. It also examines the potential for recovering payment for additional work based on restitution, such as quantum meruit, under the Contracts Act 1950. The impact of variations on time obligations is analyzed, with chapters covering the prevention principle, extensions of time, liquidated damages, and contractor losses and expenses.

The book provides an in-depth analysis, referencing local judicial decisions as well as those from other Commonwealth countries, including Singapore, Australia, and the United Kingdom. It also surveys key clauses from widely-used standard form contracts, offering valuable insights into ambiguous legal areas.

This book is an essential read for architects, quantity surveyors, claims consultants, construction lawyers, developers, contractors, arbitrators, lecturers, and students studying construction law.

Key Features of Law Of Construction Variations:
- Focused analysis of the law surrounding variations in construction contracts.
- A valuable resource on a significant aspect of construction law that lacks comprehensive coverage.
- Cites legal authorities from Malaysia, Singapore, the UK, and Australia.
- Organized to cover the nature of variations, the procedure for applying for them, their valuation, and their effect on time obligations.
- Clear explanations of the procedural requirements involved.
- Written by an author with 25 years of experience in construction advisory, litigation, and arbitration.

Contents of Law Of Construction Variations:

1. Introduction
2. Express Original Work Scope
3. Implied Original Work Scope
4. Power to Vary the Works
5. Contract Procedure for Variations
6. Valuation of Variations
7. Quantum Meruit and Section 71 of the Contracts Act 1950
8. Time – General Principles
9. Time – Substantive Issues
10. Time – Procedural Issues
11. Time – Liquidated Damages and Section 75 of the Contracts Act 1950
12. Time – Prevention, Notification Requirements and Extension of Time
13. Time – Loss and Expense

About The Author:

Chen Mian Kuang is an Advocate and Solicitor of the High Court of Malaya and a partner at MK Chen & Leong, with 28 years of experience in litigation and dispute resolution. His primary areas of practice include construction, corporate, and commercial disputes. In addition to his role as counsel, Mian Kuang serves as an Arbitrator and Adjudicator. He is a Fellow of the Chartered Institute of Arbitrators and is listed on the Panel of Arbitrators and Panel of Adjudicators for the Asian International Arbitration Centre, as well as the Panel of Arbitrators for the Borneo International Centre for Arbitration and Mediation.

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