A STUDY AND EVALUATION OF THE DIFFERENCE BETWEEN THE NOTIFICATION OF EXTENSION OF TIME IN THE 9TH EDITION, SIA FORM AND PSSCOC, 2008 EDITION

Abstract

The contended issue of notification of an Extension of Time, and variances between contractual and actual practices related to the issue has been prevalent in the construction industry. The selection of contractual forms, 9th edition, SIA form or the PSSCOC, 2008 edition have its own implications on the time-related issues for individual projects due to one key difference between both forms; that the 9th edition, SIA form allows for notification up to or any time before the issue of Final Certificate, and the PSSCOC, 2008 edition allows for notification within a reasonable amount of time deem fair, reasonable and necessary for the completion of Works by the SO. A review of relevant case laws and the background information of selected contractual forms have been completed to obtain judicial decisions and an insightful understanding respectively for the benefit of this dissertation. In order to obtain greater exposure, interviews have been conducted with carefully chosen professionals to supplement the discussion of the dissertation. The dissertation concludes that despite the key difference in the time provision of the 9th edition, SIA and the PSSCOC, 2008 edition, the PSSCOC is considered to have provided with a more reasonable framework with reminder inclusions for a balance of interests between the Employer and the Contractor. However, the 9th edition, SIA is held to be impartial too. Similar actual practices were found in both forms, yet these applications of actual practices are severely disconnected from the suggested contractual practices. There is a need for the disconnection between actual and contractual practices to be bridged to encourage efficiency, convenience and an enhanced cooperation between construction players. Details of discussion have been gathered to the best ability to provide depth and broadness. However, this study is limited by the high degree of confidentiality of the information required for analysis, and the insufficiency of case laws archive to make reference for the value of this dissertation.