Omissions of main contractors original scopes

“Omissions” is a term that can be described as removal part of the scope of work from original scope of work. Normally, cost of removal scope of work is deducted from the original contract value. In the event to agree on the omissions; The Contractor may argue that omissions of the original scope co...

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Main Author:	Jaafar, Affendy
Format:	Thesis
Language:	English
Published:	2021
Subjects:	HD1394-1394.5 Real estate management
Online Access:	http://eprints.utm.my/id/eprint/96899/1/AffendyJaafarMFABU2021.pdf.pdf
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id	my-utm-ep.96899
record_format	uketd_dc
spelling	my-utm-ep.968992022-08-28T03:49:27Z Omissions of main contractors original scopes 2021 Jaafar, Affendy HD1394-1394.5 Real estate management “Omissions” is a term that can be described as removal part of the scope of work from original scope of work. Normally, cost of removal scope of work is deducted from the original contract value. In the event to agree on the omissions; The Contractor may argue that omissions of the original scope could reduce their profit “loss of profit”. Hence, there shall be a series of discussions on it and sometimes it will be required litigations to resolve the issues. This research was conducted to determine the issues that prevented the contractor from successfully claiming the loss of profit due to omissions. Legal research methodology was used to conduct this research. Cases related to omissions and loss of profit was used to conduct this research. These legal cases were reported in the Malayan Law Journal (MLJ), which was retrieved from the online database LexisNexis. To achieve the purpose of this research, 4 cases were selected for analysis. Based on the finding of the analysis, there are a few elements that require by the contractor to ensure successfully claims on loss of profit. That element is “Termination of the principal subcontract shall lawful and follow the process as required”, “Contractor must not fail in its counterclaim for damages”, “Balance of probabilities means that all the proof or fact must be consistent” and “Interpretation of the clause must be consistent”. 2021 Thesis http://eprints.utm.my/id/eprint/96899/ http://eprints.utm.my/id/eprint/96899/1/AffendyJaafarMFABU2021.pdf.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:142108 masters Universiti Teknologi Malaysia Faculty of Built Environment & Surveying
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	HD1394-1394.5 Real estate management
spellingShingle	HD1394-1394.5 Real estate management Jaafar, Affendy Omissions of main contractors original scopes
description	“Omissions” is a term that can be described as removal part of the scope of work from original scope of work. Normally, cost of removal scope of work is deducted from the original contract value. In the event to agree on the omissions; The Contractor may argue that omissions of the original scope could reduce their profit “loss of profit”. Hence, there shall be a series of discussions on it and sometimes it will be required litigations to resolve the issues. This research was conducted to determine the issues that prevented the contractor from successfully claiming the loss of profit due to omissions. Legal research methodology was used to conduct this research. Cases related to omissions and loss of profit was used to conduct this research. These legal cases were reported in the Malayan Law Journal (MLJ), which was retrieved from the online database LexisNexis. To achieve the purpose of this research, 4 cases were selected for analysis. Based on the finding of the analysis, there are a few elements that require by the contractor to ensure successfully claims on loss of profit. That element is “Termination of the principal subcontract shall lawful and follow the process as required”, “Contractor must not fail in its counterclaim for damages”, “Balance of probabilities means that all the proof or fact must be consistent” and “Interpretation of the clause must be consistent”.
format	Thesis
qualification_level	Master's degree
author	Jaafar, Affendy
author_facet	Jaafar, Affendy
author_sort	Jaafar, Affendy
title	Omissions of main contractors original scopes
title_short	Omissions of main contractors original scopes
title_full	Omissions of main contractors original scopes
title_fullStr	Omissions of main contractors original scopes
title_full_unstemmed	Omissions of main contractors original scopes
title_sort	omissions of main contractors original scopes
granting_institution	Universiti Teknologi Malaysia
granting_department	Faculty of Built Environment & Surveying
publishDate	2021
url	http://eprints.utm.my/id/eprint/96899/1/AffendyJaafarMFABU2021.pdf.pdf
_version_	1747818694752337920

Omissions of main contractors original scopes

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