Sub-contractors' remedies upon breach of the main contract

In any construction industry, it always involves various work activities be it just a simple house renovation up to the construction of a mega project and the work need to be sub-contract to others. Sub-contractors enter into a contract with the main contractor to take up portion of the work. In the...

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Main Author:	Ejau, Ruth Lua
Format:	Thesis
Language:	English
Published:	2017
Subjects:	QE Geology
Online Access:	http://eprints.utm.my/id/eprint/78506/1/RuthLuaEjauMFAB2017.pdf
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id	my-utm-ep.78506
record_format	uketd_dc
spelling	my-utm-ep.785062018-08-26T11:58:23Z Sub-contractors' remedies upon breach of the main contract 2017-01 Ejau, Ruth Lua QE Geology In any construction industry, it always involves various work activities be it just a simple house renovation up to the construction of a mega project and the work need to be sub-contract to others. Sub-contractors enter into a contract with the main contractor to take up portion of the work. In the industry it consists of two categories of sub-contractor which are the nominated sub-contractor and the domestic sub-contractor. In the event of breach of the main contract, the sub-contractors would be one of the many parties who is affected due to this circumstances. Albeit there are standardised forms such as PWD 203N and CIDB Model Terms which is readily available for the use of the sub-contractors, is it really helpful in seeking remedy. It seems that these sub-contractors are playing David against Goliath since they are just a small party going against a powerful party. This research is trying to find out what are the types of contractual, non-contractual and equitable remedies that are available for the sub-contractors to claim due to the breach of the main contract. This research has been done based on cases which have similar circumstances in which there is breach of main contract. The outcome from analysing the cases are, it reaffirms the objective of this research. It can be seen from over the years that the remedies granted to the claimant are liquidated and unliquidated damages, Mareva injunction, specific performance, rescission and restitutionary. Based on the case analysis, there are more claims made based on contractual and equitable remedy. With this also it proves that court exercising equity in ensuring justice can be done. Apart than that, most remedy that had been granted by the court is due to there is a clear relationship such as the assignment of tasks. The result out of the outcome gives an impression that these sub-contractors do still have the right to claim for what is own to them. 2017-01 Thesis http://eprints.utm.my/id/eprint/78506/ http://eprints.utm.my/id/eprint/78506/1/RuthLuaEjauMFAB2017.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:96596 masters 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 Ejau, Ruth Lua Sub-contractors' remedies upon breach of the main contract
description	In any construction industry, it always involves various work activities be it just a simple house renovation up to the construction of a mega project and the work need to be sub-contract to others. Sub-contractors enter into a contract with the main contractor to take up portion of the work. In the industry it consists of two categories of sub-contractor which are the nominated sub-contractor and the domestic sub-contractor. In the event of breach of the main contract, the sub-contractors would be one of the many parties who is affected due to this circumstances. Albeit there are standardised forms such as PWD 203N and CIDB Model Terms which is readily available for the use of the sub-contractors, is it really helpful in seeking remedy. It seems that these sub-contractors are playing David against Goliath since they are just a small party going against a powerful party. This research is trying to find out what are the types of contractual, non-contractual and equitable remedies that are available for the sub-contractors to claim due to the breach of the main contract. This research has been done based on cases which have similar circumstances in which there is breach of main contract. The outcome from analysing the cases are, it reaffirms the objective of this research. It can be seen from over the years that the remedies granted to the claimant are liquidated and unliquidated damages, Mareva injunction, specific performance, rescission and restitutionary. Based on the case analysis, there are more claims made based on contractual and equitable remedy. With this also it proves that court exercising equity in ensuring justice can be done. Apart than that, most remedy that had been granted by the court is due to there is a clear relationship such as the assignment of tasks. The result out of the outcome gives an impression that these sub-contractors do still have the right to claim for what is own to them.
format	Thesis
qualification_level	Master's degree
author	Ejau, Ruth Lua
author_facet	Ejau, Ruth Lua
author_sort	Ejau, Ruth Lua
title	Sub-contractors' remedies upon breach of the main contract
title_short	Sub-contractors' remedies upon breach of the main contract
title_full	Sub-contractors' remedies upon breach of the main contract
title_fullStr	Sub-contractors' remedies upon breach of the main contract
title_full_unstemmed	Sub-contractors' remedies upon breach of the main contract
title_sort	sub-contractors' remedies upon breach of the main contract
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2017
url	http://eprints.utm.my/id/eprint/78506/1/RuthLuaEjauMFAB2017.pdf
_version_	1747818001681350656

Sub-contractors' remedies upon breach of the main contract

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