Profiling of termination grounds in construction contract

Terminating a contract can be complex and it is very important that the correct procedures are followed. It is essential to remember that the grounds for termination under the contract would not all amount to fundamental breaches at common law. A specific contractual provision for termination is ess...

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Main Author:	Liew, Sock Tin
Format:	Thesis
Language:	English
Published:	2018
Subjects:	TH434-437 Quantity surveying
Online Access:	http://eprints.utm.my/id/eprint/85918/1/LiewSockTinMFABU2019.pdf
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id	my-utm-ep.85918
record_format	uketd_dc
spelling	my-utm-ep.859182020-07-30T07:38:36Z Profiling of termination grounds in construction contract 2018 Liew, Sock Tin TH434-437 Quantity surveying Terminating a contract can be complex and it is very important that the correct procedures are followed. It is essential to remember that the grounds for termination under the contract would not all amount to fundamental breaches at common law. A specific contractual provision for termination is essential because to rely on common law, repudiation can be very uncertain. Contractual termination must not be thought to end all problems in that respect because deciding whether the precise grounds have been satisfied can bring its own problems of interpretation of the clauses and of the facts itself. Hence, this research aims to identify grounds to termination contract in construction industry. This research is carried out mainly through documentary analysis of law journal. This data needed for this research is obtained via LexisNexis Malaysia and CIDB Law Report. From the cases that appear under the termination keyword, it appears that 14 cases are related with the scope of the research. The judgment of each of the cases is analysed in order to find out either the termination grounds of construction contract. The grounds are nonpayments of sum due, hindrance of the contractor, abandonment or suspension of the work, defective work, delay and not comply with material specification. This research also highlighted the parties involved in the cases and level of court interfere in the case. Hence, the findings of this research will provide a profile on the grounds of termination for the construction players in the future. This research perhaps would contribute towards enhancement of knowledge of the contracting parties by shedding some information and knowledge regarding their rights. 2018 Thesis http://eprints.utm.my/id/eprint/85918/ http://eprints.utm.my/id/eprint/85918/1/LiewSockTinMFABU2019.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:131510 masters Universiti Teknologi Malaysia, Faculty of Built Environment & Surveying Faculty of Built Environment & Surveying
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	TH434-437 Quantity surveying
spellingShingle	TH434-437 Quantity surveying Liew, Sock Tin Profiling of termination grounds in construction contract
description	Terminating a contract can be complex and it is very important that the correct procedures are followed. It is essential to remember that the grounds for termination under the contract would not all amount to fundamental breaches at common law. A specific contractual provision for termination is essential because to rely on common law, repudiation can be very uncertain. Contractual termination must not be thought to end all problems in that respect because deciding whether the precise grounds have been satisfied can bring its own problems of interpretation of the clauses and of the facts itself. Hence, this research aims to identify grounds to termination contract in construction industry. This research is carried out mainly through documentary analysis of law journal. This data needed for this research is obtained via LexisNexis Malaysia and CIDB Law Report. From the cases that appear under the termination keyword, it appears that 14 cases are related with the scope of the research. The judgment of each of the cases is analysed in order to find out either the termination grounds of construction contract. The grounds are nonpayments of sum due, hindrance of the contractor, abandonment or suspension of the work, defective work, delay and not comply with material specification. This research also highlighted the parties involved in the cases and level of court interfere in the case. Hence, the findings of this research will provide a profile on the grounds of termination for the construction players in the future. This research perhaps would contribute towards enhancement of knowledge of the contracting parties by shedding some information and knowledge regarding their rights.
format	Thesis
qualification_level	Master's degree
author	Liew, Sock Tin
author_facet	Liew, Sock Tin
author_sort	Liew, Sock Tin
title	Profiling of termination grounds in construction contract
title_short	Profiling of termination grounds in construction contract
title_full	Profiling of termination grounds in construction contract
title_fullStr	Profiling of termination grounds in construction contract
title_full_unstemmed	Profiling of termination grounds in construction contract
title_sort	profiling of termination grounds in construction contract
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment & Surveying
granting_department	Faculty of Built Environment & Surveying
publishDate	2018
url	http://eprints.utm.my/id/eprint/85918/1/LiewSockTinMFABU2019.pdf
_version_	1747818473350758400

Profiling of termination grounds in construction contract

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