Protocol in Assessing Loss and Expense Claim for Malaysian Public Project


  • Che Amnah Jusoh, Asmawan Mohd Sarman


claim on loss and expense, extension of time, public project


The majority of Standard forms of building contracts contain loss and expense clauses that enable an equitable contractual remedy for the Employer's contract violations without labelling them as such. There is frequent reluctance to pay such fees, and the burden of proof increases, as actual expenditures associated with the violating event must be established. A claim for breach of contract damages may be brought under common law. While loss and expense claims are frequently made in connection with delays, they can be made for any incident the Contractor suffers damage due to the Employer's failure. It is critical that all contract terms relating to loss and expense, particularly modified terms, are properly understood. Based on the findings, it will also present the achievement of the study's objectives. The first objective is to Describe The clauses which could justify the claim for loss and expense due to time extension. The second objective is to explore the process and procedure of assessing loss and expense claims. The answer is stage 1: identify the occurrence of an event, stage 2: notification of a claim,  stage 3: Preparation and submission of the claim,  stage 4: assessment of the claim and stage 5: resolution and review. The third objective is to evaluate clauses and claims permitted for the loss and expenses due to extension time for government projects under J.K.R. supervision.