Best endeavours' for granting extension of time in construction contract

Extension of time is a remedy for contractor due to delay caused by employer or neutral event. One of the normal conditions that a contractor needs to fulfil in an application for the extension of time is that he must have used his best endeavours to reduce or prevent the delay. It is in fact a cond...

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Bibliographic Details
Main Author:	Rasid, Nur Farah Farhana
Format:	Thesis
Language:	English
Published:	2012
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/41598/5/NurFarahFarhanaRasidMFAB2012.pdf
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id	my-utm-ep.41598
record_format	uketd_dc
spelling	my-utm-ep.415982018-05-30T03:39:15Z Best endeavours' for granting extension of time in construction contract 2012 Rasid, Nur Farah Farhana TH Building construction Extension of time is a remedy for contractor due to delay caused by employer or neutral event. One of the normal conditions that a contractor needs to fulfil in an application for the extension of time is that he must have used his best endeavours to reduce or prevent the delay. It is in fact a condition precedent for the granting of extension of time. Best endeavours can be defined as best efforts. This phrase is not a particularly unique and exclusively found in construction contracts. It is also being included in other types of contracts. However, in practice, there is no evidence at all that contract administrator addresses this requirement when considering contractor’s application for extension of time. This is evidenced by the non-availability of Malaysian case law on this issue. In the United Kingdom, there is only one case that is relevant on this point. Therefore this research is carried out to identify the extent of the contractor’s duty to prevent or reduce delay under the best endeavours standard of duty. This is basically a descriptive research and the methodology used is essentially based on case law analysis and review. The cases are retrieved from the Lexis Malaysia online database. Many of them are not construction contract cases but the principles are equally applicable to extension of time. The analysis revealed that, for the purpose of fulfilling the best endeavours requirement, the contractor principally needs to carry out all possible steps to reduce delay and comply with all contract administrator’s instructions relating to it. However, the contractor is not required to incur substantial amount of money for that purpose and need not sacrifice his own interest. 2012 Thesis http://eprints.utm.my/id/eprint/41598/ http://eprints.utm.my/id/eprint/41598/5/NurFarahFarhanaRasidMFAB2012.pdf application/pdf en public 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 Rasid, Nur Farah Farhana Best endeavours' for granting extension of time in construction contract
description	Extension of time is a remedy for contractor due to delay caused by employer or neutral event. One of the normal conditions that a contractor needs to fulfil in an application for the extension of time is that he must have used his best endeavours to reduce or prevent the delay. It is in fact a condition precedent for the granting of extension of time. Best endeavours can be defined as best efforts. This phrase is not a particularly unique and exclusively found in construction contracts. It is also being included in other types of contracts. However, in practice, there is no evidence at all that contract administrator addresses this requirement when considering contractor’s application for extension of time. This is evidenced by the non-availability of Malaysian case law on this issue. In the United Kingdom, there is only one case that is relevant on this point. Therefore this research is carried out to identify the extent of the contractor’s duty to prevent or reduce delay under the best endeavours standard of duty. This is basically a descriptive research and the methodology used is essentially based on case law analysis and review. The cases are retrieved from the Lexis Malaysia online database. Many of them are not construction contract cases but the principles are equally applicable to extension of time. The analysis revealed that, for the purpose of fulfilling the best endeavours requirement, the contractor principally needs to carry out all possible steps to reduce delay and comply with all contract administrator’s instructions relating to it. However, the contractor is not required to incur substantial amount of money for that purpose and need not sacrifice his own interest.
format	Thesis
qualification_level	Master's degree
author	Rasid, Nur Farah Farhana
author_facet	Rasid, Nur Farah Farhana
author_sort	Rasid, Nur Farah Farhana
title	Best endeavours' for granting extension of time in construction contract
title_short	Best endeavours' for granting extension of time in construction contract
title_full	Best endeavours' for granting extension of time in construction contract
title_fullStr	Best endeavours' for granting extension of time in construction contract
title_full_unstemmed	Best endeavours' for granting extension of time in construction contract
title_sort	best endeavours' for granting extension of time in construction contract
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2012
url	http://eprints.utm.my/id/eprint/41598/5/NurFarahFarhanaRasidMFAB2012.pdf
_version_	1747816579253403648

Best endeavours' for granting extension of time in construction contract

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