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Notice of intention to claim for loss and expense

Any event which disturbs and prolongs the project time or causing the project cost increase will make the aggrieved party to claim for loss and expense. Notification is one of the problems identified in managing claim for loss and expense in Malaysia construction industry. Before the claim to be suc...

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Bibliographic Details
Main Author:	Lanus, Supardi
Format:	Thesis
Language:	English
Published:	2019
Subjects:	TH434-437 Quantity surveying
Online Access:	http://eprints.utm.my/id/eprint/87118/1/SupardiLanusMFABU2019.pdf http://eprints.utm.my/id/eprint/87118/ http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:131445
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id	my.utm.87118
record_format	eprints
spelling	my.utm.871182020-11-30T08:56:44Z http://eprints.utm.my/id/eprint/87118/ Notice of intention to claim for loss and expense Lanus, Supardi TH434-437 Quantity surveying Any event which disturbs and prolongs the project time or causing the project cost increase will make the aggrieved party to claim for loss and expense. Notification is one of the problems identified in managing claim for loss and expense in Malaysia construction industry. Before the claim to be successful the aggrieved party must follow the precondition or clause provision as stipulated in the conditions of contract. The purpose of this study are to identify the issues pertaining to notice of intention to claim for loss and expense claim and to identify judicial decision of defective notice of intention to claim for loss and expenses in construction contract. This research was conducted based on data analysis from judicial decision. International cases and local cases have also been reviewed. Lexis Malaysia web site was used as the research instrument. Thirteen (13) related cases pertaining notices on loss and expense issues have been analysed. The finding from the research shows that there are four (4) main issues usually brought to the judicial decision. The very pertinent issues are failure to the contractor submitting the notices within the time stipulated, secondly issue pertaining notice procedure, thirdly the ambiguity of the clauses itself especially for bespoke or tailored agreement and fourthly the duty of care issues by the contract administrator. This research also has found out that the judicial decision is not in uniformity in making the decision pertaining defective notices. Assessing notice of event for loss and expense also is the most critical part and this research found that claim have been rejected because of not following notice requirement. It is important for the construction industry players and contract practitioners to be well versed in the issues which are brought to the judicial decision. Contract administrator must has a higher understanding how to handle early notice when disrupted event occur and dealing with loss and expense claim fairly and proper manner. 2019 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/id/eprint/87118/1/SupardiLanusMFABU2019.pdf Lanus, Supardi (2019) Notice of intention to claim for loss and expense. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment. http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:131445
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	TH434-437 Quantity surveying
spellingShingle	TH434-437 Quantity surveying Lanus, Supardi Notice of intention to claim for loss and expense
description	Any event which disturbs and prolongs the project time or causing the project cost increase will make the aggrieved party to claim for loss and expense. Notification is one of the problems identified in managing claim for loss and expense in Malaysia construction industry. Before the claim to be successful the aggrieved party must follow the precondition or clause provision as stipulated in the conditions of contract. The purpose of this study are to identify the issues pertaining to notice of intention to claim for loss and expense claim and to identify judicial decision of defective notice of intention to claim for loss and expenses in construction contract. This research was conducted based on data analysis from judicial decision. International cases and local cases have also been reviewed. Lexis Malaysia web site was used as the research instrument. Thirteen (13) related cases pertaining notices on loss and expense issues have been analysed. The finding from the research shows that there are four (4) main issues usually brought to the judicial decision. The very pertinent issues are failure to the contractor submitting the notices within the time stipulated, secondly issue pertaining notice procedure, thirdly the ambiguity of the clauses itself especially for bespoke or tailored agreement and fourthly the duty of care issues by the contract administrator. This research also has found out that the judicial decision is not in uniformity in making the decision pertaining defective notices. Assessing notice of event for loss and expense also is the most critical part and this research found that claim have been rejected because of not following notice requirement. It is important for the construction industry players and contract practitioners to be well versed in the issues which are brought to the judicial decision. Contract administrator must has a higher understanding how to handle early notice when disrupted event occur and dealing with loss and expense claim fairly and proper manner.
format	Thesis
author	Lanus, Supardi
author_facet	Lanus, Supardi
author_sort	Lanus, Supardi
title	Notice of intention to claim for loss and expense
title_short	Notice of intention to claim for loss and expense
title_full	Notice of intention to claim for loss and expense
title_fullStr	Notice of intention to claim for loss and expense
title_full_unstemmed	Notice of intention to claim for loss and expense
title_sort	notice of intention to claim for loss and expense
publishDate	2019
url	http://eprints.utm.my/id/eprint/87118/1/SupardiLanusMFABU2019.pdf http://eprints.utm.my/id/eprint/87118/ http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:131445
_version_	1685578935058825216
score	13.211869

Notice of intention to claim for loss and expense

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