Claim Loss and Expense Due to Extension of Time (EOT)

    Che Amnah Jusoh ,Asmawan Mohd Sarman


    Contractor claims for losses and expenses have long been a source of contention in contractual disputes.
    Claims are typically settled during the final account process, but if negotiations fail, they frequently
    become disputes, and any conflicts that arise are subject to legal recourse. The claim to recover the cost
    of extension arises in some contexts, and it is critical for the claimant to understand the principles that will
    be used to evaluate the claim. Any event that causes the project period to be interrupted or extended,
    or that causes project costs to rise, will result in the aggrieved party claiming additional losses and
    expenses. It is the basis for proving the delay and cost of the actual loss incurred in an act of damage in
    assessing the loss and expense of the claim with the cost of the extension, and failure to prove that does
    not give the right to a claim for damages. Because of the complexity and variety of construction
    contracts, claims are extremely difficult to avoid. The number of contracts claims in the construction of
    public projects is growing, posing a financial burden on the government. The notice is one of the identified
    issues in Malaysia's construction industry's management of loss claims and additional expenses. Before a
    claim can be realised, the aggrieved party must meet the prerequisites or provisions of the clause as
    specified in the contract terms. Contractors in Malaysia can claim losses and expenses under standard
    forms of contracts for conventional and design and build contracts.

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