Proof of documentation in claming extension of time

Abstract

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.