Profiling of the construction law cases in the Malaysian construction court

Abstract

Construction Law is part of the broader body of general law of contract. The general rules of the elements, performance and discharge of contract apply even though construction contracts can be complicated and multifaceted. In Malaysia, both technical and legal disputes arising out of a construction contract are resolved through arbitration or litigation at the specialist construction court. A total of 2,050 construction law cases were registered in the High Court of Kuala Lumpur and Shah Alam since its commencement. The range of issues litigated involved adjudication, payment, claims, breach of contract, breach of natural justice, extension of time, etc. Hence, this research seeks to create a profile on construction law cases at the Malaysian Construction Court in 2018. This research is carried out and presented via the profiling method. A range of profiling elements such as the year of the judgment/decision, the types of disputes, parties and projects, are recorded and arranged systematically. Only construction law cases reported in the CIDB Construction Law Report will be included. CIDB Construction Law Report is the special and dedicated law publication of the Malaysian Construction Court. Ultimately, this research?s findings will provide invaluable and practical input to all the construction industry stakeholders in determining their day-to-day affairs relating to the construction.