The Impact of the Movement Control Order or Lockdown Order on Building Sites

Malaysia has imposed a Movement Control Order (MCO) effective from 18th to 31st March 2020 as a measure to curb the spread of Covid-19 in the country. The MCO applies to building projects, save for critical works essential to safety. We have on 22nd March 2020 written on the impact of the MCO on building projects that adopt the Pertubuhan Arkitek Malaysia (PAM) Conditions of Contracts 2006/2018.

In this article, we consider Frequently Asked Questions (FAQs) from the standpoint of the FIDIC Yellow Book (First Edition 1999). These discussions are also applicable to the corresponding provisions of the FIDIC Yellow Book (Second Edition 2017).

Any projects (undertaken locally or internationally) governed by the FIDIC Conditions of Contract entered into between Malaysian companies or between Malaysian and foreign companies or between foreign companies may find this article useful. Local laws must however be considered as they may have an impact on the interpretation of these forms.

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