Contractor's liability to third party for defective works

In recent times, there have been increasing incidents of defective work in Malaysia and elsewhere due shoddy workmanship, cheating and sometimes, design errors. The consequences could be catastrophic and fatal as in collapsing buildings, and sometimes less dramatic, but no less catastrophic from a f...

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Main Author:	Mohmad Zainordi, Zainab
Format:	Thesis
Language:	English
Published:	2006
Subjects:	TH Building construction K Law (General)
Online Access:	http://eprints.utm.my/id/eprint/4997/1/ZainabMohamadZainordinMFAB2006.pdf
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id	my-utm-ep.4997
record_format	uketd_dc
spelling	my-utm-ep.49972018-02-28T06:51:08Z Contractor's liability to third party for defective works 2006-07 Mohmad Zainordi, Zainab TH Building construction K Law (General) In recent times, there have been increasing incidents of defective work in Malaysia and elsewhere due shoddy workmanship, cheating and sometimes, design errors. The consequences could be catastrophic and fatal as in collapsing buildings, and sometimes less dramatic, but no less catastrophic from a financial point of view. Most defects occur after the 18-month defect liability period but the problem arises when negligence action is brought by non-contracting party, who may be a subsequent owner of the building. With that in mind, that contractorâ€™s liability does not stop with the contract and liability may rest in the field of torts: the objective of this research is determine the contractorâ€™s liability to third party for defective works and look into the circumstances in which that the contractor liable or not liable towards those defects. The scope of this research is confined under conventional system where the contractor not involved in design and liability of contractor to third party in tort. The methodology of this research adopts from: the judicial decision of defective work (cases concerning contractor and third party), four-stage test and observation. After analyzing the data, the main findings signify the contractorâ€™s liability to third party only in tort no duty in contract are, injury to third party, damage to property but not economic loss. As a conclusion with this research, a contractor owes a duty to exercise all ordinary and reasonable care and diligence in the performance of its work according to terms of contract; if he fails he is liable for resulting damages. 2006-07 Thesis http://eprints.utm.my/id/eprint/4997/ http://eprints.utm.my/id/eprint/4997/1/ZainabMohamadZainordinMFAB2006.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 K Law (General)
spellingShingle	TH Building construction K Law (General) Mohmad Zainordi, Zainab Contractor's liability to third party for defective works
description	In recent times, there have been increasing incidents of defective work in Malaysia and elsewhere due shoddy workmanship, cheating and sometimes, design errors. The consequences could be catastrophic and fatal as in collapsing buildings, and sometimes less dramatic, but no less catastrophic from a financial point of view. Most defects occur after the 18-month defect liability period but the problem arises when negligence action is brought by non-contracting party, who may be a subsequent owner of the building. With that in mind, that contractorâ€™s liability does not stop with the contract and liability may rest in the field of torts: the objective of this research is determine the contractorâ€™s liability to third party for defective works and look into the circumstances in which that the contractor liable or not liable towards those defects. The scope of this research is confined under conventional system where the contractor not involved in design and liability of contractor to third party in tort. The methodology of this research adopts from: the judicial decision of defective work (cases concerning contractor and third party), four-stage test and observation. After analyzing the data, the main findings signify the contractorâ€™s liability to third party only in tort no duty in contract are, injury to third party, damage to property but not economic loss. As a conclusion with this research, a contractor owes a duty to exercise all ordinary and reasonable care and diligence in the performance of its work according to terms of contract; if he fails he is liable for resulting damages.
format	Thesis
qualification_level	Master's degree
author	Mohmad Zainordi, Zainab
author_facet	Mohmad Zainordi, Zainab
author_sort	Mohmad Zainordi, Zainab
title	Contractor's liability to third party for defective works
title_short	Contractor's liability to third party for defective works
title_full	Contractor's liability to third party for defective works
title_fullStr	Contractor's liability to third party for defective works
title_full_unstemmed	Contractor's liability to third party for defective works
title_sort	contractor's liability to third party for defective works
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2006
url	http://eprints.utm.my/id/eprint/4997/1/ZainabMohamadZainordinMFAB2006.pdf
_version_	1747814557353508864

Contractor's liability to third party for defective works

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