In private sector especially those in building contract will use PAM contract majority.

Main con bear with PAM contract can claim EOT under force majeure or suspending work under instruction by appropriate authority. But the first step is main con need to issue notification. Notification is a condition precedent under PAM.

Thereafter main con rights under this MCO will not be deprived.

Main con always have big risk and must always prudent to act.

At this moment, my view for frustration under common law can not be invoke because MCO got period. Unless, the project really cannot run after MCO and left both parties not fault at all.

For gov projects, main con lagi susah a bit because there is not clear definition in defined the force majeure clause under PWD form. (Correct me if I wrong).

So anyhow the ticket for main con to get EOT must always submit notification. Without this, there is always challenge come-in from the other party

CIPAA is meant for interim resolution. And only for payment dispute related. You can’t bring those non payment issue related to CIPAA..

This post has been edited by subrok007: Apr 13 2020, 12:08 PM