Legal position of the issues associated with main contractor's insolvency

The East Asian Financial crisis has resulted in long-term financial difficulties, which translated into high level of insolvency especially in the sector of construction. Among the construction insolvency, the insolvency of a main contractor is the frequent occurrence. This has brought issues or pro...

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Main Author:	Ng, Sock Hooi
Format:	Thesis
Language:	English
Published:	2006
Subjects:	K Law (General)
Online Access:	http://eprints.utm.my/id/eprint/2358/1/NgSockHooiMFAB2006.pdf
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id	my-utm-ep.2358
record_format	uketd_dc
spelling	my-utm-ep.23582018-06-25T00:40:43Z Legal position of the issues associated with main contractor's insolvency 2006-07 Ng, Sock Hooi K Law (General) TD Environmental technology. Sanitary engineering The East Asian Financial crisis has resulted in long-term financial difficulties, which translated into high level of insolvency especially in the sector of construction. Among the construction insolvency, the insolvency of a main contractor is the frequent occurrence. This has brought issues or problems to the sub-contractor who would become unsecured creditors in the event of main contractor's insolvency. The aim of this study is to determine the legal positions relating to issues faced by sub-contractor in the event of main contractor's insolvency. The issues that commonly arise are direct payment, retention fund, setoff, materials and goods, determination, novation etc. However, this study would only focus on the legal positions of the critical issues specifically: direct payment, retention fund, unfixed materials and goods, set-off and determination. The critical issues are those issues that are commonly arising. There are valid and invalid positions for each of the issue arise. For example, the valid position in direct payment means that the employer entitled to pay sub-contractor direct. While, invalid position is the sub-contractor not entitle to be paid directly by employer. The legal positions for each issue can protect the interaction of sub-contractor in the event of main contractor's insolvency. Therefore, the sub-contractor can use this study as guidance when dealing with those issues 2006-07 Thesis http://eprints.utm.my/id/eprint/2358/ http://eprints.utm.my/id/eprint/2358/1/NgSockHooiMFAB2006.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment : Construction Contract Management Dept. Faculty of Built Environment : Construction Contract Management Dept.
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	K Law (General) K Law (General)
spellingShingle	K Law (General) K Law (General) Ng, Sock Hooi Legal position of the issues associated with main contractor's insolvency
description	The East Asian Financial crisis has resulted in long-term financial difficulties, which translated into high level of insolvency especially in the sector of construction. Among the construction insolvency, the insolvency of a main contractor is the frequent occurrence. This has brought issues or problems to the sub-contractor who would become unsecured creditors in the event of main contractor's insolvency. The aim of this study is to determine the legal positions relating to issues faced by sub-contractor in the event of main contractor's insolvency. The issues that commonly arise are direct payment, retention fund, setoff, materials and goods, determination, novation etc. However, this study would only focus on the legal positions of the critical issues specifically: direct payment, retention fund, unfixed materials and goods, set-off and determination. The critical issues are those issues that are commonly arising. There are valid and invalid positions for each of the issue arise. For example, the valid position in direct payment means that the employer entitled to pay sub-contractor direct. While, invalid position is the sub-contractor not entitle to be paid directly by employer. The legal positions for each issue can protect the interaction of sub-contractor in the event of main contractor's insolvency. Therefore, the sub-contractor can use this study as guidance when dealing with those issues
format	Thesis
qualification_level	Master's degree
author	Ng, Sock Hooi
author_facet	Ng, Sock Hooi
author_sort	Ng, Sock Hooi
title	Legal position of the issues associated with main contractor's insolvency
title_short	Legal position of the issues associated with main contractor's insolvency
title_full	Legal position of the issues associated with main contractor's insolvency
title_fullStr	Legal position of the issues associated with main contractor's insolvency
title_full_unstemmed	Legal position of the issues associated with main contractor's insolvency
title_sort	legal position of the issues associated with main contractor's insolvency
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment : Construction Contract Management Dept.
granting_department	Faculty of Built Environment : Construction Contract Management Dept.
publishDate	2006
url	http://eprints.utm.my/id/eprint/2358/1/NgSockHooiMFAB2006.pdf
_version_	1747814411714691072

Legal position of the issues associated with main contractor's insolvency

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