In most construction contracts, in particular the standard forms
contract such as the PAM Contract 2018, AIAC Standard Form of
Building Contract 2019, PWD Form 203A (Rev. 2007) and JKR Sarawak
General Conditions of Contract, there would usually be a
requirement to serve a written notice within a stipulated time from
the occurrence of the event or circumstances that form the basis
for applications for extension of time
("EOT"), claims for loss and expense and
in some cases claim for additional expense caused by variation.
Failure of a contractor to comply with such condition precedent
will inevitably render the contractor's EOT application or
claim for loss and expense fatal. In the case of Sunissa Sdn
Bhd v Kerajaan Malaysia & Anor [2020] MLJU 283, the High
Court had to deal with the contractor's claim for loss and
expense arising out of an extension of time granted for the
completion of the works through no fault of the contractor, and
where the Government's
