Employer's rights and contractor's liabilities in relation to construction defects after final certificate

Most of the standard forms of contract contain provisions dealing with defective works. Defective works could be in the forms of design fault, defective building materials or bad workmanships. Any defects, shrinkages or other faults arising during construction and defects liability period due to def...

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Main Author:	Tan, Pei Ling
Format:	Thesis
Language:	English
Published:	2007
Subjects:	HD28 Management Industrial Management TH Building construction K Law (General)
Online Access:	http://eprints.utm.my/id/eprint/6662/1/TanPeiLingMFAB2007.pdf
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id	my-utm-ep.6662
record_format	uketd_dc
spelling	my-utm-ep.66622018-08-26T04:49:52Z Employer's rights and contractor's liabilities in relation to construction defects after final certificate 2007-07 Tan, Pei Ling HD28 Management. Industrial Management TH Building construction K Law (General) Most of the standard forms of contract contain provisions dealing with defective works. Defective works could be in the forms of design fault, defective building materials or bad workmanships. Any defects, shrinkages or other faults arising during construction and defects liability period due to defective materials or workmanship must be put right by the contractor at his own expense. The contract administrator will usually mark the end of the defects liability period with the issue of a further certificate, known as a Certificate of Making Good Defect. Subsequently, final certificate will be issued to the contractor stating amount finally due to him. Generally, final certificate will discharge the contractorâ€™s liability for the defective works and the cost for remedying them. Employers will need to be wary as they can preclude the employer from claiming damages from the contractors for defects which appear after the issue of the final certificate. However, court will generally not regard a certificate as being final except where very clear words are used in the contract. This research intends to identify the legal position of the construction contract parties in relation to their rights and liabilities in defects after the issuance of Final Certificate. This research was carried out mainly through documentary analysis of law journals and law reports. Result shows that there are four circumstances to be considered when determining the liability of defects after final certificate, namely by referring to the conclusiveness evidence, consequential damages/loss, patent defects and fraud/concealment. 2007-07 Thesis http://eprints.utm.my/id/eprint/6662/ http://eprints.utm.my/id/eprint/6662/1/TanPeiLingMFAB2007.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:62367 masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	HD28 Management Industrial Management TH Building construction K Law (General)
spellingShingle	HD28 Management Industrial Management TH Building construction K Law (General) Tan, Pei Ling Employer's rights and contractor's liabilities in relation to construction defects after final certificate
description	Most of the standard forms of contract contain provisions dealing with defective works. Defective works could be in the forms of design fault, defective building materials or bad workmanships. Any defects, shrinkages or other faults arising during construction and defects liability period due to defective materials or workmanship must be put right by the contractor at his own expense. The contract administrator will usually mark the end of the defects liability period with the issue of a further certificate, known as a Certificate of Making Good Defect. Subsequently, final certificate will be issued to the contractor stating amount finally due to him. Generally, final certificate will discharge the contractorâ€™s liability for the defective works and the cost for remedying them. Employers will need to be wary as they can preclude the employer from claiming damages from the contractors for defects which appear after the issue of the final certificate. However, court will generally not regard a certificate as being final except where very clear words are used in the contract. This research intends to identify the legal position of the construction contract parties in relation to their rights and liabilities in defects after the issuance of Final Certificate. This research was carried out mainly through documentary analysis of law journals and law reports. Result shows that there are four circumstances to be considered when determining the liability of defects after final certificate, namely by referring to the conclusiveness evidence, consequential damages/loss, patent defects and fraud/concealment.
format	Thesis
qualification_level	Master's degree
author	Tan, Pei Ling
author_facet	Tan, Pei Ling
author_sort	Tan, Pei Ling
title	Employer's rights and contractor's liabilities in relation to construction defects after final certificate
title_short	Employer's rights and contractor's liabilities in relation to construction defects after final certificate
title_full	Employer's rights and contractor's liabilities in relation to construction defects after final certificate
title_fullStr	Employer's rights and contractor's liabilities in relation to construction defects after final certificate
title_full_unstemmed	Employer's rights and contractor's liabilities in relation to construction defects after final certificate
title_sort	employer's rights and contractor's liabilities in relation to construction defects after final certificate
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2007
url	http://eprints.utm.my/id/eprint/6662/1/TanPeiLingMFAB2007.pdf
_version_	1747814682963476480

Employer's rights and contractor's liabilities in relation to construction defects after final certificate

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