Construction Defect Claims in Malaysia
Construction Defect Claims in Malaysia BY Teng Kam Wah
|Author||Teng Kam Wah|
|Publication Date||Oct 2019|
||Hardcover + Ebook|
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.
- 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.
TABLE OF CONTENTS
- Claims Under Contract
- Third Parties and Rights to Recover Damages
- Claims Under Negligence
- Professional Negligence
- Claims for Pure Economic Loss
- Liability for the Negligence of Others
- Damages for Financial Loss
- Damages for Non-Financial Loss
- Specific Performance
- Employer's Rights of Set-off for Defects
- Effects of Settlement
- Exclusion and Limitation Clauses
- Latent Defects
- Limitation Periods
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