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The adequacy of contractual provisions in managing construction failure in Malaysia

Arising of any failure in construction is a vital issue. It could be a source of dispute among different parties involved in construction. Therefore, the contract is the main reference to overcome issues regarding to failure claims. When construction failure occurred after the contractual period, th...

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Main Authors: Mohamad, Mohamad Ibrahim, Nekooie, Mohammad Ali, Che Kamaruddin, Naadira
Format: Article
Published: www.iiste.org 2012
Subjects:
TA Engineering (General). Civil engineering (General)
Online Access:http://eprints.utm.my/id/eprint/33572/
http://www.iiste.org/Journals/index.php/EJBM/article/view/1023
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spelling my.utm.335722019-01-28T03:50:23Z http://eprints.utm.my/id/eprint/33572/ The adequacy of contractual provisions in managing construction failure in Malaysia Mohamad, Mohamad Ibrahim Nekooie, Mohammad Ali Che Kamaruddin, Naadira TA Engineering (General). Civil engineering (General) Arising of any failure in construction is a vital issue. It could be a source of dispute among different parties involved in construction. Therefore, the contract is the main reference to overcome issues regarding to failure claims. When construction failure occurred after the contractual period, the contract provisions are not applicable. Moreover, the contractual relationships couldn't be referred anymore. Thus, all parties seek to the justice to define their role and duty on failure loss and remedial cost based on the contract. The level of inadequacy of failure management consideration in the current contract documents was measured. Moreover, the limitations in current contractual provisions were evaluated to suggest the new scope for contractual provisions in managing construction failure. The evaluations were performed by interview with a panel of experts in the construction industry and legal sector. Furthermore, all current contracts provisions were investigated. Therefore, any related issues to the failure events were illustrated precisely. Then, the questionnaire survey identified the limitations and indicated opportunities to extend the scope of current provisions. Related Index was used to rank the factors and issues based on their importance. Refusing to cooperate during the failure event from default parties is the main limitation. Moreover, low quality of completed projects; bringing a bad image to client, and disputes between the involved parties are the main causes due to limitations based on engineers' and the legal sector's ideas. The new scope of contractual provisions was approved by more than %70 of the respondents. www.iiste.org 2012 Article PeerReviewed Mohamad, Mohamad Ibrahim and Nekooie, Mohammad Ali and Che Kamaruddin, Naadira (2012) The adequacy of contractual provisions in managing construction failure in Malaysia. European Journal of Business and Management, 4 (1). pp. 22-37. ISSN 2222-1905 http://www.iiste.org/Journals/index.php/EJBM/article/view/1023
institution Universiti Teknologi Malaysia
building UTM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider Universiti Teknologi Malaysia
content_source UTM Institutional Repository
url_provider http://eprints.utm.my/
topic TA Engineering (General). Civil engineering (General)
spellingShingle TA Engineering (General). Civil engineering (General)
Mohamad, Mohamad Ibrahim
Nekooie, Mohammad Ali
Che Kamaruddin, Naadira
The adequacy of contractual provisions in managing construction failure in Malaysia
description Arising of any failure in construction is a vital issue. It could be a source of dispute among different parties involved in construction. Therefore, the contract is the main reference to overcome issues regarding to failure claims. When construction failure occurred after the contractual period, the contract provisions are not applicable. Moreover, the contractual relationships couldn't be referred anymore. Thus, all parties seek to the justice to define their role and duty on failure loss and remedial cost based on the contract. The level of inadequacy of failure management consideration in the current contract documents was measured. Moreover, the limitations in current contractual provisions were evaluated to suggest the new scope for contractual provisions in managing construction failure. The evaluations were performed by interview with a panel of experts in the construction industry and legal sector. Furthermore, all current contracts provisions were investigated. Therefore, any related issues to the failure events were illustrated precisely. Then, the questionnaire survey identified the limitations and indicated opportunities to extend the scope of current provisions. Related Index was used to rank the factors and issues based on their importance. Refusing to cooperate during the failure event from default parties is the main limitation. Moreover, low quality of completed projects; bringing a bad image to client, and disputes between the involved parties are the main causes due to limitations based on engineers' and the legal sector's ideas. The new scope of contractual provisions was approved by more than %70 of the respondents.
format Article
author Mohamad, Mohamad Ibrahim
Nekooie, Mohammad Ali
Che Kamaruddin, Naadira
author_facet Mohamad, Mohamad Ibrahim
Nekooie, Mohammad Ali
Che Kamaruddin, Naadira
author_sort Mohamad, Mohamad Ibrahim
title The adequacy of contractual provisions in managing construction failure in Malaysia
title_short The adequacy of contractual provisions in managing construction failure in Malaysia
title_full The adequacy of contractual provisions in managing construction failure in Malaysia
title_fullStr The adequacy of contractual provisions in managing construction failure in Malaysia
title_full_unstemmed The adequacy of contractual provisions in managing construction failure in Malaysia
title_sort adequacy of contractual provisions in managing construction failure in malaysia
publisher www.iiste.org
publishDate 2012
url http://eprints.utm.my/id/eprint/33572/
http://www.iiste.org/Journals/index.php/EJBM/article/view/1023
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score 13.211869

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