A Proposed Pandemic Clause for Force Majeure Events under Construction Contracts in Malaysia

Abstract

The construction industry is not spared from the adverse effect of the Covid-19 pandemic. This paper aims to identify the triggering events of Force Majeure under the standard forms of construction contract in Malaysia and determine the extent to which the relevant provisions in these contracts apply to the Force Majeure events during the pandemic. This research employs a qualitative research methodology, and the outcomes will help clarify the grey area of Force Majeure law caused by a global pandemic. It proposes guidelines to the construction industry when dealing with a similar disruption caused by an outbreak of the disease.

Keywords: pandemic clause, Force Majeure, construction contracts

eISSN: 2398-4287© 2021. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians/Africans/Arabians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

DOI: https://doi.org/10.21834/ebpj.v6i16.2733