Contemporaneous records in construction claim

A claim is a proposition or protestation of the right, without regard to whether rightfully or wrongfully, employed by the party in either a contract or at position of law, for the compensation upon the infringement of the right. However, disputes always arisen from the devoid of the information sub...

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Main Author:	Kerk, Chia Cun
Format:	Thesis
Language:	English
Published:	2017
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/77683/1/KerkChiaCunMFAB20171.pdf
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id	my-utm-ep.77683
record_format	uketd_dc
spelling	my-utm-ep.776832018-06-26T08:32:50Z Contemporaneous records in construction claim 2017-09 Kerk, Chia Cun TH Building construction A claim is a proposition or protestation of the right, without regard to whether rightfully or wrongfully, employed by the party in either a contract or at position of law, for the compensation upon the infringement of the right. However, disputes always arisen from the devoid of the information submitted in claims or mismanagement of the information. A contemporaneous record might be useful in the claim preparation or substantiation. In local context, the onus of keeping the contemporaneous records is not expressly provided in the standard form of contract, such as PAM 2006 or PWD 2010. In an earlier case, keeping of contemporaneous record had been indicated as a precedent condition in FIDIC Red Book 1987 whereas it had been redefined in release of FIDIC Red Book 1999. A total of eleven previous court cases were analysed in order to identify the various requirements of contemporaneous record or documentation under the construction claim. The two oversea leading court cases were used as supporting cases to the local cases. Claims could be categorized into two, but merely cost claim requires contemporaneous record in court. The courts had emphasized in their decisions on several contemporaneous records which could be summarized as correspondence letter and notification for claim, contract documents (including Bills of Quantities, Letter of Acceptance, Drawings, Specification), endorsed Variation Order, Site Records, Progress Reports, Photographs, Invoices, and List of Defects. The documents referred by the court deemed to be timeously recorded, sufficient information indicating the instruction or direction, and acknowledge received by the parties. It is worth noting that the contemporaneous records in claim shall not merely be originated from the contractors, the records or the substantiation shall rely on the records or knowledge of contractors and consultants, as well as the employer. 2017-09 Thesis http://eprints.utm.my/id/eprint/77683/ http://eprints.utm.my/id/eprint/77683/1/KerkChiaCunMFAB20171.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:106615 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 Kerk, Chia Cun Contemporaneous records in construction claim
description	A claim is a proposition or protestation of the right, without regard to whether rightfully or wrongfully, employed by the party in either a contract or at position of law, for the compensation upon the infringement of the right. However, disputes always arisen from the devoid of the information submitted in claims or mismanagement of the information. A contemporaneous record might be useful in the claim preparation or substantiation. In local context, the onus of keeping the contemporaneous records is not expressly provided in the standard form of contract, such as PAM 2006 or PWD 2010. In an earlier case, keeping of contemporaneous record had been indicated as a precedent condition in FIDIC Red Book 1987 whereas it had been redefined in release of FIDIC Red Book 1999. A total of eleven previous court cases were analysed in order to identify the various requirements of contemporaneous record or documentation under the construction claim. The two oversea leading court cases were used as supporting cases to the local cases. Claims could be categorized into two, but merely cost claim requires contemporaneous record in court. The courts had emphasized in their decisions on several contemporaneous records which could be summarized as correspondence letter and notification for claim, contract documents (including Bills of Quantities, Letter of Acceptance, Drawings, Specification), endorsed Variation Order, Site Records, Progress Reports, Photographs, Invoices, and List of Defects. The documents referred by the court deemed to be timeously recorded, sufficient information indicating the instruction or direction, and acknowledge received by the parties. It is worth noting that the contemporaneous records in claim shall not merely be originated from the contractors, the records or the substantiation shall rely on the records or knowledge of contractors and consultants, as well as the employer.
format	Thesis
qualification_level	Master's degree
author	Kerk, Chia Cun
author_facet	Kerk, Chia Cun
author_sort	Kerk, Chia Cun
title	Contemporaneous records in construction claim
title_short	Contemporaneous records in construction claim
title_full	Contemporaneous records in construction claim
title_fullStr	Contemporaneous records in construction claim
title_full_unstemmed	Contemporaneous records in construction claim
title_sort	contemporaneous records in construction claim
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2017
url	http://eprints.utm.my/id/eprint/77683/1/KerkChiaCunMFAB20171.pdf
_version_	1747817807211397120

Contemporaneous records in construction claim

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