Breaches of contract in construction industry

Breaches of contract in construction industry

The doctrine of freedom to contract, as the cornerstone of contract law in the common law countries (Malaysia inclusive) has consequently generated an extensive array of contracts of various characteristics and varieties. In Malaysia, there are two basic components in the contract documents used for...

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Main Author: Yap, Lawrence Sie Kiong
Format: Thesis
Language:English
Published: 2009
Subjects:
K Law (General)
Online Access:http://eprints.utm.my/id/eprint/12353/1/LawrenceYapSieMFAB2009.pdf
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id my-utm-ep.12353
record_format uketd_dc
institution Universiti Teknologi Malaysia
collection UTM Institutional Repository
language English
topic K Law (General)
spellingShingle K Law (General)
Yap, Lawrence Sie Kiong
Breaches of contract in construction industry
description The doctrine of freedom to contract, as the cornerstone of contract law in the common law countries (Malaysia inclusive) has consequently generated an extensive array of contracts of various characteristics and varieties. In Malaysia, there are two basic components in the contract documents used for the contracting of most construction work that is the Contract Conditions and technical specifications and drawings. As a general principle, once a party enters into a contract, he must perform his obligations strictly according to the terms of the contract. However, in the construction industry, breaches of contract are commonplace to the point of routine. Moreover, under the complicated provisions of many construction contracts the possible breaches of contract either by contractor or employer are numerous, and in each case the general principles must be applied in order to determine what, if any, damage is recoverable for the breach. This research therefore set out to illustrate the types of breaches of contract that are currently fashionable in Malaysian construction industry. The research is also to address the legal issues in relation to damages. The approach adopted in this research is documentary analysis of case laws. A total number of 53 cases were studied, where only 11 of them were associated with the breaches of contract. Findings show that there are 7 types of breaches existed in construction industry for the past thirty years. Most of the cases were breached due to the reason of “abandonment of work”. On the other hand, 3 legal issues closely related to damages were addressed in this research. In summary, findings of this research may assist the relevant parties in addressing and overcoming the problems associated to breaches of contract and creates a win-win situation for all parties in the Malaysian construction industry.
format Thesis
qualification_level Master's degree
author Yap, Lawrence Sie Kiong
author_facet Yap, Lawrence Sie Kiong
author_sort Yap, Lawrence Sie Kiong
title Breaches of contract in construction industry
title_short Breaches of contract in construction industry
title_full Breaches of contract in construction industry
title_fullStr Breaches of contract in construction industry
title_full_unstemmed Breaches of contract in construction industry
title_sort breaches of contract in construction industry
granting_institution Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department Faculty of Built Environment
publishDate 2009
url http://eprints.utm.my/id/eprint/12353/1/LawrenceYapSieMFAB2009.pdf
_version_ 1747814927314190336
spelling my-utm-ep.123532018-06-04T09:53:55Z Breaches of contract in construction industry 2009-07 Yap, Lawrence Sie Kiong K Law (General) The doctrine of freedom to contract, as the cornerstone of contract law in the common law countries (Malaysia inclusive) has consequently generated an extensive array of contracts of various characteristics and varieties. In Malaysia, there are two basic components in the contract documents used for the contracting of most construction work that is the Contract Conditions and technical specifications and drawings. As a general principle, once a party enters into a contract, he must perform his obligations strictly according to the terms of the contract. However, in the construction industry, breaches of contract are commonplace to the point of routine. Moreover, under the complicated provisions of many construction contracts the possible breaches of contract either by contractor or employer are numerous, and in each case the general principles must be applied in order to determine what, if any, damage is recoverable for the breach. This research therefore set out to illustrate the types of breaches of contract that are currently fashionable in Malaysian construction industry. The research is also to address the legal issues in relation to damages. The approach adopted in this research is documentary analysis of case laws. A total number of 53 cases were studied, where only 11 of them were associated with the breaches of contract. Findings show that there are 7 types of breaches existed in construction industry for the past thirty years. Most of the cases were breached due to the reason of “abandonment of work”. On the other hand, 3 legal issues closely related to damages were addressed in this research. In summary, findings of this research may assist the relevant parties in addressing and overcoming the problems associated to breaches of contract and creates a win-win situation for all parties in the Malaysian construction industry. 2009-07 Thesis http://eprints.utm.my/id/eprint/12353/ http://eprints.utm.my/id/eprint/12353/1/LawrenceYapSieMFAB2009.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment Ashworth, A. (2006). Contractual Procedures in the Construction Industry. Fifth Edition. Harlow: Pearson Education Limited Burrows, A. (2004). Remedies for Torts and Breach of Contract. Third Edition. New York: Oxford University Press Inc Cheong, May Fong. (2007). Civil Remedies in Malaysia. Malaysia: Sweet & Maxwell Asia. Chow, Kok Fong. (1988). An Outline of the Law & Practice of Construction Contract Claims. Singapore: Longman Singapore Publishers Pte. Ltd Chow, Kok Fong. (2004). Law and Practice of Construction Contracts. Third Edition. Singapore: Sweet & Maxwell Asia Contract Act 1950 Critchlow, J. (2007). “Remedies for Breach”, in Practical Construction Guides: Construction Law and Management. Edited by Pickavance, K. London: Informa Law. Dato’ Seri Visu Sinnadurai. (2003). Law of Contract. Volume One. Kuala Lumpur: Malayan Law Journal Sdn Bhd. Ashworth, A. (2006). Contractual Procedures in the Construction Industry. Fifth Edition. Harlow: Pearson Education Limited Burrows, A. (2004). Remedies for Torts and Breach of Contract. Third Edition. New York: Oxford University Press Inc Cheong, May Fong. (2007). Civil Remedies in Malaysia. Malaysia: Sweet & Maxwell Asia. Chow, Kok Fong. (1988). An Outline of the Law & Practice of Construction Contract Claims. Singapore: Longman Singapore Publishers Pte. Ltd Chow, Kok Fong. (2004). Law and Practice of Construction Contracts. Third Edition. Singapore: Sweet & Maxwell Asia Contract Act 1950 Critchlow, J. (2007). “Remedies for Breach”, in Practical Construction Guides: Construction Law and Management. Edited by Pickavance, K. London: Informa Law. Dato’ Seri Visu Sinnadurai. (2003). Law of Contract. Volume One. Kuala Lumpur: Malayan Law Journal Sdn Bhd. Phang, Andrew Boon Leong et al. (1998). Cheshire, Fifoot and Furmston's Law of Contract. 2nd Singapore and Malaysian Edition. Syed Ahmad Alsagoff. (2003). The Principles of the Law of Contract in Malaysia. 2nd Edition Vohrah, B. and Wu, Min Aun. (2000). The Commercial Law of Malaysia. Second Edition. Petaling Jaya: Pearson Malaysia Sdn. Bhd. Wallace, D. (1970). Hudson’s Building and Engineering Contracts. Tenth Edition. London: Sweet & Maxwell Ltd Wallace, D. (1995). Hudson’s Building and Engineering Contracts. Eleventh Edition. London: Sweet & Maxwell

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