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Contractor's implied duty to warn design defects

In Malaysian construction industry, traditional procurement method is the most common method of procuring a project. In this method, the client contracts with consultants, and has another separate contract with the contractor. Consultants will prepare building designs in accordance to their expertis...

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Main Author: Gan, Gilbert Siang Yang
Format: Thesis
Language:English
Published: 2015
Subjects:
TH Building construction
Online Access:http://eprints.utm.my/id/eprint/48877/25/GilbertGanSiangMFAB2015.pdf
http://eprints.utm.my/id/eprint/48877/
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spelling my.utm.488772020-07-05T02:53:28Z http://eprints.utm.my/id/eprint/48877/ Contractor's implied duty to warn design defects Gan, Gilbert Siang Yang TH Building construction In Malaysian construction industry, traditional procurement method is the most common method of procuring a project. In this method, the client contracts with consultants, and has another separate contract with the contractor. Consultants will prepare building designs in accordance to their expertise. Meanwhile contractor will contract with the client to construct the building based on designs given. However, human made mistakes happen, where design defects exist in consultants’ design. Contractor during construction may discover design defects. But sadly, many contractors have a mindset that they are only contracted to construct, and any design defects is not their concern. Some may even intentionally keep silent about the discovery, so that they are able to claim for variation order for when rectification works are required to heal the problem caused by the design defect. Thus, the objective of this study is to identify whether contractor has the implied duty to warn design defects. The research methodology undertaken is by documentary analysis of law cases reported in law journals. The research have identified relevant clauses in the standard forms of contracts, and also eleven law cases related to contractor’s duty to warn design defects. The findings of the analysis are: Contractor owes duty of care to his client. He is expected to warn client of design defect if a reasonably competent contractor would have noticed it and highlight it to his client. Lastly, even if contractor has raised the discovery to his client or contract administrator and was instructed to continue to construct, the contractor will still be liable, as mere discussion of the risk will not release contractor from being responsible. Contractor should take formal and further steps to warn about the perceived dangers and even refusal to carry out the works. 2015-01 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/id/eprint/48877/25/GilbertGanSiangMFAB2015.pdf Gan, Gilbert Siang Yang (2015) Contractor's implied duty to warn design defects. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment. http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:87877
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/
language English
topic TH Building construction
spellingShingle TH Building construction
Gan, Gilbert Siang Yang
Contractor's implied duty to warn design defects
description In Malaysian construction industry, traditional procurement method is the most common method of procuring a project. In this method, the client contracts with consultants, and has another separate contract with the contractor. Consultants will prepare building designs in accordance to their expertise. Meanwhile contractor will contract with the client to construct the building based on designs given. However, human made mistakes happen, where design defects exist in consultants’ design. Contractor during construction may discover design defects. But sadly, many contractors have a mindset that they are only contracted to construct, and any design defects is not their concern. Some may even intentionally keep silent about the discovery, so that they are able to claim for variation order for when rectification works are required to heal the problem caused by the design defect. Thus, the objective of this study is to identify whether contractor has the implied duty to warn design defects. The research methodology undertaken is by documentary analysis of law cases reported in law journals. The research have identified relevant clauses in the standard forms of contracts, and also eleven law cases related to contractor’s duty to warn design defects. The findings of the analysis are: Contractor owes duty of care to his client. He is expected to warn client of design defect if a reasonably competent contractor would have noticed it and highlight it to his client. Lastly, even if contractor has raised the discovery to his client or contract administrator and was instructed to continue to construct, the contractor will still be liable, as mere discussion of the risk will not release contractor from being responsible. Contractor should take formal and further steps to warn about the perceived dangers and even refusal to carry out the works.
format Thesis
author Gan, Gilbert Siang Yang
author_facet Gan, Gilbert Siang Yang
author_sort Gan, Gilbert Siang Yang
title Contractor's implied duty to warn design defects
title_short Contractor's implied duty to warn design defects
title_full Contractor's implied duty to warn design defects
title_fullStr Contractor's implied duty to warn design defects
title_full_unstemmed Contractor's implied duty to warn design defects
title_sort contractor's implied duty to warn design defects
publishDate 2015
url http://eprints.utm.my/id/eprint/48877/25/GilbertGanSiangMFAB2015.pdf
http://eprints.utm.my/id/eprint/48877/
http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:87877
_version_ 1672610480372318208
score 13.211869

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