Enhancing the contractual procedures and provisions for suspension of works in government projects / Anisha Shazwani Ahmad Anuar

Anisha Shazwani , Ahmad Anuar (2022) Enhancing the contractual procedures and provisions for suspension of works in government projects / Anisha Shazwani Ahmad Anuar. Masters thesis, Universiti Malaya.

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Abstract

Suspension of works is widely discussed in the previous study as a remedy for late payment by the contractor. However, some situations may occur during the construction period where the suspension of works has to be taken such as the issuance of Movement Control Order (MCO) due to the Covid-19 pandemic. The procedure of implementing the suspension of works is given less attention due to the absence of detailed guidelines availability. The lack of understanding of what happens when a project is suspended also causes this matter to be ignored. Suspension of works is the privilege of the government to direct work on-site either in whole or in part to be stopped or delayed based on Clause 50 of PWD 203A form. Therefore, careful consideration should be given in deciding on the suspension of contractor works at the construction site. This research aimed to formulate enhancement to the contractual procedures and provisions for suspension of works in government projects. The objectives of the research are to determine the issues on suspension of works in construction projects, to analyze the current contract provision for suspension of works in the local standard form of contracts, and to assess the necessary improvement to the contractual procedures and provisions for suspension of works in government projects. The data for this research was collected and analyzed using a socio-legal research approach that included the standard form of contracts, current procedures, and legal cases concerning the suspension of work. Following that, a preliminary contractual provisions enhancement proposal was developed. The expert’s validation process was carried out through a focus group discussion to ensure that the research's findings were reliable. This research has identified the list of events and a fair time restriction mechanism for the suspension of work as the two essential enhancements that should be included in the contractual provisions for the suspension of work. The outcome of this research could also aid in the development of practical solutions for more effective work suspension in government projects.

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