A conceptual model of partnering legal issues

It is pertinent to conduct a research on the legal issues of partnering in the construction industry. This is due to the lack of research in the area, as most of current research only covers issues within the application and development of partnering and the identification of critical success factor...

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Main Author:	Mohd. Raslim, Faraziera
Format:	Thesis
Language:	English
Published:	2016
Subjects:	QE Geology
Online Access:	http://eprints.utm.my/id/eprint/77941/1/FarazieraMohdRaslimPFAB2016.pdf
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id	my-utm-ep.77941
record_format	uketd_dc
spelling	my-utm-ep.779412018-07-23T06:05:00Z A conceptual model of partnering legal issues 2016-01 Mohd. Raslim, Faraziera QE Geology It is pertinent to conduct a research on the legal issues of partnering in the construction industry. This is due to the lack of research in the area, as most of current research only covers issues within the application and development of partnering and the identification of critical success factors. This research attempts to identify legal issues pertaining to partnering implementation in the construction industry, and to highlight the relationship-based procurement success factor in the Malaysian construction project. Additionally, the research also identifies the salient elements which could arise in the context of each respective legal issue. In essence, the research has managed to identify six legal issues which are misrepresentation, fiduciary relationship, good faith, doctrine of estoppels, confidentiality and interpretation of contractual terms. In addition, this research highlights necessary success factors which consist of commitment, communication, trust, workshop and facilitator, competence, financial capability, experienced partners, and early implementation of partnering to accommodate and support partnering implementation within the Malaysian construction industry. The salient elements of each respective legal issue were identified through law cases analysis and supported by the analysis of standard form of partnering contract and previous agreement on partnering projects in Malaysia. Basically, there are three components from the findings namely identified legal issues, relationship-based procurement success factors, and salient elements of each identified legal issues. These findings were used as the basis to develop a conceptual model of partnering legal issues in construction industry which will able to assist the construction players who intend to implement partnering in their future project. It will help the partners to be aware and understand how legal issues arise in partnering projects. Finally, an ‘expert opinion’ validation process was carried out through an online survey to validate the practicality of the conceptual model. Majority of the experts agree with practicality of the conceptual model introduced in this research. 2016-01 Thesis http://eprints.utm.my/id/eprint/77941/ http://eprints.utm.my/id/eprint/77941/1/FarazieraMohdRaslimPFAB2016.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:98228 phd doctoral Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	QE Geology
spellingShingle	QE Geology Mohd. Raslim, Faraziera A conceptual model of partnering legal issues
description	It is pertinent to conduct a research on the legal issues of partnering in the construction industry. This is due to the lack of research in the area, as most of current research only covers issues within the application and development of partnering and the identification of critical success factors. This research attempts to identify legal issues pertaining to partnering implementation in the construction industry, and to highlight the relationship-based procurement success factor in the Malaysian construction project. Additionally, the research also identifies the salient elements which could arise in the context of each respective legal issue. In essence, the research has managed to identify six legal issues which are misrepresentation, fiduciary relationship, good faith, doctrine of estoppels, confidentiality and interpretation of contractual terms. In addition, this research highlights necessary success factors which consist of commitment, communication, trust, workshop and facilitator, competence, financial capability, experienced partners, and early implementation of partnering to accommodate and support partnering implementation within the Malaysian construction industry. The salient elements of each respective legal issue were identified through law cases analysis and supported by the analysis of standard form of partnering contract and previous agreement on partnering projects in Malaysia. Basically, there are three components from the findings namely identified legal issues, relationship-based procurement success factors, and salient elements of each identified legal issues. These findings were used as the basis to develop a conceptual model of partnering legal issues in construction industry which will able to assist the construction players who intend to implement partnering in their future project. It will help the partners to be aware and understand how legal issues arise in partnering projects. Finally, an ‘expert opinion’ validation process was carried out through an online survey to validate the practicality of the conceptual model. Majority of the experts agree with practicality of the conceptual model introduced in this research.
format	Thesis
qualification_name	Doctor of Philosophy (PhD.)
qualification_level	Doctorate
author	Mohd. Raslim, Faraziera
author_facet	Mohd. Raslim, Faraziera
author_sort	Mohd. Raslim, Faraziera
title	A conceptual model of partnering legal issues
title_short	A conceptual model of partnering legal issues
title_full	A conceptual model of partnering legal issues
title_fullStr	A conceptual model of partnering legal issues
title_full_unstemmed	A conceptual model of partnering legal issues
title_sort	conceptual model of partnering legal issues
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2016
url	http://eprints.utm.my/id/eprint/77941/1/FarazieraMohdRaslimPFAB2016.pdf
_version_	1747817868379029504

A conceptual model of partnering legal issues

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