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Legal Framework on Risk Management for Design Works in Malaysia

The construction industry is subject to more risks and uncertainties than many other industries. Construction projects are associated with various aspects of risks, be it risks associated at the feasibility stage, design stage, construction stage and post construction stage. In order to complete t...

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Main Authors:	Ahmad Rashid, Zultakiyuddin, Adnan, Hamimah, Jusoff, Kamaruzaman
Format:	Article
Language:	English English
Published:	2008
Online Access:	http://psasir.upm.edu.my/id/eprint/7555/1/Legal%20Framework%20on%20Risk%20Management%20for%20Design%20Works%20in%20Malaysia.pdf http://psasir.upm.edu.my/id/eprint/7555/ http://www.ccsenet.org/journal/index.php/jpl/article/viewFile/734
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id	my.upm.eprints.7555
record_format	eprints
spelling	my.upm.eprints.75552015-12-03T08:07:02Z http://psasir.upm.edu.my/id/eprint/7555/ Legal Framework on Risk Management for Design Works in Malaysia Ahmad Rashid, Zultakiyuddin Adnan, Hamimah Jusoff, Kamaruzaman The construction industry is subject to more risks and uncertainties than many other industries. Construction projects are associated with various aspects of risks, be it risks associated at the feasibility stage, design stage, construction stage and post construction stage. In order to complete the project successfully, the parties involved must be able to manage the risks associated with the project. Although the need and importance of risk management cannot be denied, the practice among the players in the construction industry does not reflect such urgency. There have been a number of cases which resulted in damages and losses, where such damages could have been avoided if proper risk management had been properly administered. In the event where risks still occurred, failure to exercise risk management policies will result in no protection available for the parties. The standard of risk management among the parties involved in a construction project in Malaysia differs from one company to another. This is due to various factors such as a company’s resources for risk management, types and size of the projects and so on. As such there is a need to standardize the practice of risk management among the parties involved to secure the safety and performance of the project. This can be achieved through legal measures, where certain requirements on risk management can be imposed to ensure that the least required practice of risk management is exercised. This is in line with the nature of the law itself, namely to address public safety, security, clarity, flexibility, transparency and adaptability. This paper is meant to look at the risks associated with the design works under the traditional procurement route in Malaysia and the need for the Malaysian law to come up with a framework in ensuring the practice of standard risk management among the architects as lead designers under the traditional procurement system. Certain aspects need to be addressed, as Malaysian law seems to be inadequate in establishing the framework for risk management in relation to design works. 2008 Article PeerReviewed application/pdf en http://psasir.upm.edu.my/id/eprint/7555/1/Legal%20Framework%20on%20Risk%20Management%20for%20Design%20Works%20in%20Malaysia.pdf Ahmad Rashid, Zultakiyuddin and Adnan, Hamimah and Jusoff, Kamaruzaman (2008) Legal Framework on Risk Management for Design Works in Malaysia. Journal of Politics and Law, 1 (2). pp. 26-32. ISSN 1913-9047 http://www.ccsenet.org/journal/index.php/jpl/article/viewFile/734 English
institution	Universiti Putra Malaysia
building	UPM Library
collection	Institutional Repository
continent	Asia
country	Malaysia
content_provider	Universiti Putra Malaysia
content_source	UPM Institutional Repository
url_provider	http://psasir.upm.edu.my/
language	English English
description	The construction industry is subject to more risks and uncertainties than many other industries. Construction projects are associated with various aspects of risks, be it risks associated at the feasibility stage, design stage, construction stage and post construction stage. In order to complete the project successfully, the parties involved must be able to manage the risks associated with the project. Although the need and importance of risk management cannot be denied, the practice among the players in the construction industry does not reflect such urgency. There have been a number of cases which resulted in damages and losses, where such damages could have been avoided if proper risk management had been properly administered. In the event where risks still occurred, failure to exercise risk management policies will result in no protection available for the parties. The standard of risk management among the parties involved in a construction project in Malaysia differs from one company to another. This is due to various factors such as a company’s resources for risk management, types and size of the projects and so on. As such there is a need to standardize the practice of risk management among the parties involved to secure the safety and performance of the project. This can be achieved through legal measures, where certain requirements on risk management can be imposed to ensure that the least required practice of risk management is exercised. This is in line with the nature of the law itself, namely to address public safety, security, clarity, flexibility, transparency and adaptability. This paper is meant to look at the risks associated with the design works under the traditional procurement route in Malaysia and the need for the Malaysian law to come up with a framework in ensuring the practice of standard risk management among the architects as lead designers under the traditional procurement system. Certain aspects need to be addressed, as Malaysian law seems to be inadequate in establishing the framework for risk management in relation to design works.
format	Article
author	Ahmad Rashid, Zultakiyuddin Adnan, Hamimah Jusoff, Kamaruzaman
spellingShingle	Ahmad Rashid, Zultakiyuddin Adnan, Hamimah Jusoff, Kamaruzaman Legal Framework on Risk Management for Design Works in Malaysia
author_facet	Ahmad Rashid, Zultakiyuddin Adnan, Hamimah Jusoff, Kamaruzaman
author_sort	Ahmad Rashid, Zultakiyuddin
title	Legal Framework on Risk Management for Design Works in Malaysia
title_short	Legal Framework on Risk Management for Design Works in Malaysia
title_full	Legal Framework on Risk Management for Design Works in Malaysia
title_fullStr	Legal Framework on Risk Management for Design Works in Malaysia
title_full_unstemmed	Legal Framework on Risk Management for Design Works in Malaysia
title_sort	legal framework on risk management for design works in malaysia
publishDate	2008
url	http://psasir.upm.edu.my/id/eprint/7555/1/Legal%20Framework%20on%20Risk%20Management%20for%20Design%20Works%20in%20Malaysia.pdf http://psasir.upm.edu.my/id/eprint/7555/ http://www.ccsenet.org/journal/index.php/jpl/article/viewFile/734
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score	13.211869

Legal Framework on Risk Management for Design Works in Malaysia

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