Revising contract sum: the employer right to set-off payment

Until today, dispute concerning payment had long plague the construction industry. Despite, on what was written on contract on agreed contract price, the employer always dissatisfied with contractor's work. This led the employer to reject payment issued by the Architect by withholding and later...

Full description

Saved in:

Bibliographic Details
Main Author:	Saad, Hafiz
Format:	Thesis
Language:	English
Published:	2008
Subjects:	H Social Sciences (General)
Online Access:	http://eprints.utm.my/id/eprint/5909/1/HafizSaadMFAB2008.pdf
Tags:	Add Tag No Tags, Be the first to tag this record!

id	my-utm-ep.5909
record_format	uketd_dc
spelling	my-utm-ep.59092018-10-14T07:19:40Z Revising contract sum: the employer right to set-off payment 2008-03 Saad, Hafiz H Social Sciences (General) HD28 Management. Industrial Management Until today, dispute concerning payment had long plague the construction industry. Despite, on what was written on contract on agreed contract price, the employer always dissatisfied with contractor's work. This led the employer to reject payment issued by the Architect by withholding and later setting off payment in interim certificate. This kind of action had caused the contractor to bring action against the employer in reclaiming the money due to them. On the other hand, the employer will counterclaim against the contractor by putting up excusable reasons in delaying payment. Set off always misconstrued as same as counterclaim or abatement. In related cases, decisions decided by the judge put conditions in construing the terms. The research also concluded that defective works was the key factor of why the employer setting off interim payment to the contractor. In this regard, the Court will depend solely on precedent cases available and the most prominently the provision of set off available in contract. Hence, the employer right to set - off payment must be made according to contract available and not blindly done. 2008-03 Thesis http://eprints.utm.my/id/eprint/5909/ http://eprints.utm.my/id/eprint/5909/1/HafizSaadMFAB2008.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:1364 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	H Social Sciences (General) H Social Sciences (General)
spellingShingle	H Social Sciences (General) H Social Sciences (General) Saad, Hafiz Revising contract sum: the employer right to set-off payment
description	Until today, dispute concerning payment had long plague the construction industry. Despite, on what was written on contract on agreed contract price, the employer always dissatisfied with contractor's work. This led the employer to reject payment issued by the Architect by withholding and later setting off payment in interim certificate. This kind of action had caused the contractor to bring action against the employer in reclaiming the money due to them. On the other hand, the employer will counterclaim against the contractor by putting up excusable reasons in delaying payment. Set off always misconstrued as same as counterclaim or abatement. In related cases, decisions decided by the judge put conditions in construing the terms. The research also concluded that defective works was the key factor of why the employer setting off interim payment to the contractor. In this regard, the Court will depend solely on precedent cases available and the most prominently the provision of set off available in contract. Hence, the employer right to set - off payment must be made according to contract available and not blindly done.
format	Thesis
qualification_level	Master's degree
author	Saad, Hafiz
author_facet	Saad, Hafiz
author_sort	Saad, Hafiz
title	Revising contract sum: the employer right to set-off payment
title_short	Revising contract sum: the employer right to set-off payment
title_full	Revising contract sum: the employer right to set-off payment
title_fullStr	Revising contract sum: the employer right to set-off payment
title_full_unstemmed	Revising contract sum: the employer right to set-off payment
title_sort	revising contract sum: the employer right to set-off payment
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2008
url	http://eprints.utm.my/id/eprint/5909/1/HafizSaadMFAB2008.pdf
_version_	1747814614437986304

Revising contract sum: the employer right to set-off payment

Similar Items