Fair and reasonable assessment in granting extension of time

In most contracts, the employers delegate the role of assessing the contractor’s application for extension of time to the Contract Administrators or Superintending Officers. In making any determination under a building contract, Contract Administrators or Superintending Officers have the duty to act...

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Main Author:	Muhamed, Nor Azizan
Format:	Thesis
Language:	English
Published:	2009
Subjects:	HD28 Management Industrial Management K Law (General)
Online Access:	http://eprints.utm.my/id/eprint/12404/1/NorAzizanMuhamedMFAB2009.pdf
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id	my-utm-ep.12404
record_format	uketd_dc
spelling	my-utm-ep.124042018-06-25T08:57:42Z Fair and reasonable assessment in granting extension of time 2009-05 Muhamed, Nor Azizan HD28 Management. Industrial Management K Law (General) In most contracts, the employers delegate the role of assessing the contractor’s application for extension of time to the Contract Administrators or Superintending Officers. In making any determination under a building contract, Contract Administrators or Superintending Officers have the duty to act fairly and reasonably on a rational basis. Any assessment they make must be based on reasons that can stand up to scrutiny by the other parties to the contract. They should carry out a detailed, logical and methodical analysis of the documents and other evidence submitted in support of the application for an extension of time. Failure to act fairly can lead to invalidation of their certificates. However, it is difficult to give the actual definition of ?fair and reasonable assessment’ in granting extension of time. A dispute arises when there is an issue of determining whether the Contract Administrator or Superintending Officer acts correctly regarding the ‘fair and reasonable assessment’ in granting extension of time. The objective of this study is to identify how Superintending Officers or Contract Administrators approach their duties in assessing Extension Of Time fairly and reasonably. The approach adopted in this research is based on four case laws and five case studies in housing projects located in various areas in Pahang, hoping that the findings will assist the Superintending Officers or Contract Administrators to assess the Extension Of Time to contractors fairly and reasonably. However, an analysis of past courts’ judgments indicate no case law that clearly defines ‘fair’ and ‘reasonable’ assessment for granting extension of time, although the English case of John Barker Construction Ltd v London Portman Hotel Ltd (1996) 83 BLR 31, held that there was a guideline for the Superintending Officers or Contractor Administrators to act in a fair and reasonable way in assessing the contractor’s applications for extension of time. 2009-05 Thesis http://eprints.utm.my/id/eprint/12404/ http://eprints.utm.my/id/eprint/12404/1/NorAzizanMuhamedMFAB2009.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment Bramble, B.B, Callahan, M.T. (1992) Construction Delay Claims, 2nd Edition, John Wiley & Sons, New York Chow Kok Fong, (1988), “An Outline of the Law & Practice of Construction Contract Claims”, Longman, Singapore. Eggleston. (1997), B.Liquidated damages and Extension Of Time, 2nd Edition. Oxford: Blackwell Science Ltd Hashim Sikan, (2003), “Extension Of Time” The Malaysian Surveyor (3rd Quarter, Vol 38.3) Lim Chong Fong (2004), The Malaysian PWD Form Of Construction Contract, Ir. Harbans Singh K.S.,(2002), “Engineering And Construction Contract Management, Post-Commencement Practice”, Lexis Nexis Business Solutions Jimme Hinze(2001), Construction Contract, Second Edition Keating, D(1978), Building Contracts, 4th ed. London Sweet & Maxwell Murdoch, J. and Hughes, W.Construction Contracts - Law and Management, 3rd edition, Spon Press, London Nicholas J. Carnell, Causation and Delay In Construction Disputes, Second Edition Smith, Curie & Hancock(2001), Common Sense Construction Law, a Pratical Guide For The Construction Professional , John Wiley & Sons, Canada
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	HD28 Management Industrial Management K Law (General)
spellingShingle	HD28 Management Industrial Management K Law (General) Muhamed, Nor Azizan Fair and reasonable assessment in granting extension of time
description	In most contracts, the employers delegate the role of assessing the contractor’s application for extension of time to the Contract Administrators or Superintending Officers. In making any determination under a building contract, Contract Administrators or Superintending Officers have the duty to act fairly and reasonably on a rational basis. Any assessment they make must be based on reasons that can stand up to scrutiny by the other parties to the contract. They should carry out a detailed, logical and methodical analysis of the documents and other evidence submitted in support of the application for an extension of time. Failure to act fairly can lead to invalidation of their certificates. However, it is difficult to give the actual definition of ?fair and reasonable assessment’ in granting extension of time. A dispute arises when there is an issue of determining whether the Contract Administrator or Superintending Officer acts correctly regarding the ‘fair and reasonable assessment’ in granting extension of time. The objective of this study is to identify how Superintending Officers or Contract Administrators approach their duties in assessing Extension Of Time fairly and reasonably. The approach adopted in this research is based on four case laws and five case studies in housing projects located in various areas in Pahang, hoping that the findings will assist the Superintending Officers or Contract Administrators to assess the Extension Of Time to contractors fairly and reasonably. However, an analysis of past courts’ judgments indicate no case law that clearly defines ‘fair’ and ‘reasonable’ assessment for granting extension of time, although the English case of John Barker Construction Ltd v London Portman Hotel Ltd (1996) 83 BLR 31, held that there was a guideline for the Superintending Officers or Contractor Administrators to act in a fair and reasonable way in assessing the contractor’s applications for extension of time.
format	Thesis
qualification_level	Master's degree
author	Muhamed, Nor Azizan
author_facet	Muhamed, Nor Azizan
author_sort	Muhamed, Nor Azizan
title	Fair and reasonable assessment in granting extension of time
title_short	Fair and reasonable assessment in granting extension of time
title_full	Fair and reasonable assessment in granting extension of time
title_fullStr	Fair and reasonable assessment in granting extension of time
title_full_unstemmed	Fair and reasonable assessment in granting extension of time
title_sort	fair and reasonable assessment in granting extension of time
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2009
url	http://eprints.utm.my/id/eprint/12404/1/NorAzizanMuhamedMFAB2009.pdf
_version_	1747814933957967872

Fair and reasonable assessment in granting extension of time

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