Architect's liability in making decision during construction stage

Construction industry consists of multidisciplinary teams such as employer, architect, engineer, quantity surveyor, contractor and etc. The architect is one of the professional who play the main role in the construction industry. This is because, the architect is the party who has the closest relati...

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Main Author:	Kamaludin, Nurhidayah
Format:	Thesis
Language:	English
Published:	2012
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/31895/5/NurhidayahKamaludinMFAB2012.pdf
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id	my-utm-ep.31895
record_format	uketd_dc
spelling	my-utm-ep.318952018-04-11T03:40:19Z Architect's liability in making decision during construction stage 2012-09 Kamaludin, Nurhidayah TH Building construction Construction industry consists of multidisciplinary teams such as employer, architect, engineer, quantity surveyor, contractor and etc. The architect is one of the professional who play the main role in the construction industry. This is because, the architect is the party who has the closest relationship with the employer and the contractor. As the professional in the construction industry, the architect will act on behalf of the employer especially as the employer’s agent. Besides that, the architect can also act as the contract administrator, independent contractor, adjudicator and quasi arbitrator in the construction industry. In this study, the architect can be as the quasi arbitrator in order to solve the problems that arise between the employer and contractor. As the middle person who will resolve the dispute between the contract parties, the architect shall be impartial and fair in giving the decision. The architect also must act in good faith for both contracting parties. However, there is an issue due on the impartiality of architect’s decision where the architect acts as the employer’s representative. So, the architect has the capability to be learning towards or bias to the contractor. Because of that, the objective of the study is to identify whether the architects can be held liable to the contracting parties for any decisions made in the context of his acting as a quasi arbitrator. Other than that, data collection of research methodology for the study is documentary analysis which it based on the legal cases. There are 6 cases selected for analysis to answer the objective of the study. The architect will be found liable if he is not acting in a quasi judicial immunity as the quasi arbitrator. He is also liable for the bad faith decision. 2012-09 Thesis http://eprints.utm.my/id/eprint/31895/ http://eprints.utm.my/id/eprint/31895/5/NurhidayahKamaludinMFAB2012.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH Building construction
spellingShingle	TH Building construction Kamaludin, Nurhidayah Architect's liability in making decision during construction stage
description	Construction industry consists of multidisciplinary teams such as employer, architect, engineer, quantity surveyor, contractor and etc. The architect is one of the professional who play the main role in the construction industry. This is because, the architect is the party who has the closest relationship with the employer and the contractor. As the professional in the construction industry, the architect will act on behalf of the employer especially as the employer’s agent. Besides that, the architect can also act as the contract administrator, independent contractor, adjudicator and quasi arbitrator in the construction industry. In this study, the architect can be as the quasi arbitrator in order to solve the problems that arise between the employer and contractor. As the middle person who will resolve the dispute between the contract parties, the architect shall be impartial and fair in giving the decision. The architect also must act in good faith for both contracting parties. However, there is an issue due on the impartiality of architect’s decision where the architect acts as the employer’s representative. So, the architect has the capability to be learning towards or bias to the contractor. Because of that, the objective of the study is to identify whether the architects can be held liable to the contracting parties for any decisions made in the context of his acting as a quasi arbitrator. Other than that, data collection of research methodology for the study is documentary analysis which it based on the legal cases. There are 6 cases selected for analysis to answer the objective of the study. The architect will be found liable if he is not acting in a quasi judicial immunity as the quasi arbitrator. He is also liable for the bad faith decision.
format	Thesis
qualification_level	Master's degree
author	Kamaludin, Nurhidayah
author_facet	Kamaludin, Nurhidayah
author_sort	Kamaludin, Nurhidayah
title	Architect's liability in making decision during construction stage
title_short	Architect's liability in making decision during construction stage
title_full	Architect's liability in making decision during construction stage
title_fullStr	Architect's liability in making decision during construction stage
title_full_unstemmed	Architect's liability in making decision during construction stage
title_sort	architect's liability in making decision during construction stage
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2012
url	http://eprints.utm.my/id/eprint/31895/5/NurhidayahKamaludinMFAB2012.pdf
_version_	1747815871565266944

Architect's liability in making decision during construction stage

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