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Construction Defect Claims in Malaysia

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Construction Defect Claims in Malaysia BY Teng Kam Wah

Author Teng Kam Wah
Publication Date Oct 2019
ISBN

9789672339069

Format
Hardcover + Ebook

Publisher: Sweet & Maxwell
“If you are involved in the construction industry, this book is compulsory reading …”
From the Foreword by Dato’ Lee Swee Seng
Judge of the Court of Appeal
 
“I am confident that this book will become an authoritative reference for the industry”
From the Foreword by Datuk Ir. Ahmad ‘Asri Abdul Hamid
Chief Executive, CIDB Malaysia
 
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As construction projects get bigger and more complex, the potential for defective works and a fractious relationship between the interested parties will also increase in tandem. Unlike other construction law books presently available which have in general given scant attention to this branch of the law, this book focuses on the legal perspectives of claims for losses for defective work by and against the contractor. It also covers professional negligence, claims for pure economical loss, latent defects, as well as claims for financial and non-financial losses.

Stakeholders in the construction industry inevitably face issues relating to construction defects which are rampant and their resulting claims, remedial work and compensation. Accordingly, this is the book that is beneficial to the construction industry, serving as a leading text answering the various questions on defect claims.

KEY FEATURES

  • The only local textbook dealing exclusively with construction defect claims.
  • Brings together various facets of construction defect claims, including the difficult and complex areas, serving as a convenient and comprehensive reference.
  • Thorough discussion on the topic of recovery of damages and other remedies as a consequence of construction defects which is prone to difficulties of analysis.
  • Explains the many aspects of liability defects and remedies in construction, due to the variety of factual situations which may arise; and the overlapping of legal principles involved.
  • Enlightens on certain issues pertaining to construction defect claims in Malaysia where the law is unsettled, or where the application of the law leads to unfairness or injustice, or where the applicable legal principles do not fit neatly into the larger conceptual framework of the law.
  • Written by an author who has a doctorate in construction defect claims as well as wide experience in construction law and dispute resolution.
ABOUT THE AUTHOR
Teng Kam Wah is an expert practitioner in construction law. He has been active in legal practice for 32 years, after his admission to the Bar in 1987. He presently focuses on construction law and dispute resolution as a counsel, an arbitrator as well as an adjudicator, practising under his own firm, Teng Kam Wah & Co.

TABLE OF CONTENTS

  1. Claims Under Contract
  2. Third Parties and Rights to Recover Damages
  3. Claims Under Negligence
  4. Professional Negligence
  5. Claims for Pure Economic Loss
  6. Liability for the Negligence of Others
  7. Damages for Financial Loss
  8. Damages for Non-Financial Loss
  9. Specific Performance
  10. Employer's Rights of Set-off for Defects
  11. Effects of Settlement
  12. Exclusion and Limitation Clauses
  13. Latent Defects
  14. Limitation Periods

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