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
 
--------------------------------------------------------------------------------------

As construction projects grow in size and complexity, the risk of faulty work and a strained relationship between the parties involved grows as well. Unlike other construction law publications now on the market, which pay little attention to this area of the law, this book concentrates on the legal aspects of claims for damages resulting from defective work by and against the contractor. Professional negligence, claims for pure economic loss, hidden faults, and claims for both financial and non-financial damages are all covered.

Construction sector stakeholders are inevitably confronted with challenges such as widespread construction faults, subsequent claims, corrective work, and compensation. As a result, this is the book that will benefit the building sector the most, as it will serve as a leading guide.

KEY FEATURES of Construction Defect Claims in Malaysia

  • 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.
  • Due to the range of factual scenarios that may emerge and the overlapping of legal concepts involved, this book explains the numerous elements of culpability flaws and remedies in construction.
  • The book sheds light on specific aspects of construction defect claims in Malaysia where the law is unclear, or when the application of the law results in unfairness or injustice, or where the applicable legal concepts do not cleanly fit into the greater 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 of Construction Defect Claims in Malaysia

Teng Kam Wah is a construction lawyer with extensive experience. After being admitted to the Bar in 1987, he has been practising law for 32 years. As an attorney, arbiter, and adjudicator, he currently specialises on construction law and conflict settlement under his own business, Teng Kam Wah & Co.

TABLE OF CONTENTS of Construction Defect Claims in Malaysia

  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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