Employer right in the event of contractor's liquidation

The current crisis in the world?s financial system has left the construction industry facing its toughest challenges for a generation. In regards to the construction industry, the sector that is currently experiencing a boom time perhaps more than any other is the one dealing with insolvency. Among...

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Main Author: Hui, Chan Why
Format: Thesis
Language:English
Published: 2011
Subjects:
Online Access:http://eprints.utm.my/id/eprint/36782/1/HuiChanWhyMFAB2011.pdf
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spelling my-utm-ep.367822018-05-27T08:14:20Z Employer right in the event of contractor's liquidation 2011 Hui, Chan Why HD Industries. Land use. Labor The current crisis in the world?s financial system has left the construction industry facing its toughest challenges for a generation. In regards to the construction industry, the sector that is currently experiencing a boom time perhaps more than any other is the one dealing with insolvency. Among the construction insolvency, the insolvency of a main contractor is the frequent occurrence. This has brought issues and problems to employer who would become unsecured creditor in the event of contractor?s liquidation. Furthermore, several clauses in standard forms of contract are unable to protect the interest of the employer and may jeopardize the interest of the employer when the contractor goes into liquidation. Therefore, the aim of this study is to recommend amendments to certain clauses that will protect the employer?s interest in the event of contractor?s liquidation. The standard forms of contract chosen for the research are PWD Contract 203A, PAM Contract 2006, and CIDB Contract 2000. This study focuses on the law cases that have been determine by the court to identify the critical issue arises during the contractor?s liquidation. However, this study only focuses on the critical issues specifically: direct payment, performance bond, unfixed materials and goods, set-off and determination. The critical issues are those issues that are commonly arising. Through getting familiar with those issues, the legal position of the issues can be easily determined and propose the recommendation amendments to several clauses in the standard forms of contract to protect the interest of the employer. The proposed recommendation able to give some guidance to parties involved in construction industry especially employer. 2011 Thesis http://eprints.utm.my/id/eprint/36782/ http://eprints.utm.my/id/eprint/36782/1/HuiChanWhyMFAB2011.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:80524?queryType=vitalDismax&query=Employer+right+in+the+event+of+contractor%27s+liquidation&public=true masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution Universiti Teknologi Malaysia
collection UTM Institutional Repository
language English
topic HD Industries
Land use
Labor
spellingShingle HD Industries
Land use
Labor
Hui, Chan Why
Employer right in the event of contractor's liquidation
description The current crisis in the world?s financial system has left the construction industry facing its toughest challenges for a generation. In regards to the construction industry, the sector that is currently experiencing a boom time perhaps more than any other is the one dealing with insolvency. Among the construction insolvency, the insolvency of a main contractor is the frequent occurrence. This has brought issues and problems to employer who would become unsecured creditor in the event of contractor?s liquidation. Furthermore, several clauses in standard forms of contract are unable to protect the interest of the employer and may jeopardize the interest of the employer when the contractor goes into liquidation. Therefore, the aim of this study is to recommend amendments to certain clauses that will protect the employer?s interest in the event of contractor?s liquidation. The standard forms of contract chosen for the research are PWD Contract 203A, PAM Contract 2006, and CIDB Contract 2000. This study focuses on the law cases that have been determine by the court to identify the critical issue arises during the contractor?s liquidation. However, this study only focuses on the critical issues specifically: direct payment, performance bond, unfixed materials and goods, set-off and determination. The critical issues are those issues that are commonly arising. Through getting familiar with those issues, the legal position of the issues can be easily determined and propose the recommendation amendments to several clauses in the standard forms of contract to protect the interest of the employer. The proposed recommendation able to give some guidance to parties involved in construction industry especially employer.
format Thesis
qualification_level Master's degree
author Hui, Chan Why
author_facet Hui, Chan Why
author_sort Hui, Chan Why
title Employer right in the event of contractor's liquidation
title_short Employer right in the event of contractor's liquidation
title_full Employer right in the event of contractor's liquidation
title_fullStr Employer right in the event of contractor's liquidation
title_full_unstemmed Employer right in the event of contractor's liquidation
title_sort employer right in the event of contractor's liquidation
granting_institution Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department Faculty of Built Environment
publishDate 2011
url http://eprints.utm.my/id/eprint/36782/1/HuiChanWhyMFAB2011.pdf
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