Lecturer : Sr. Eddie Lim Sek Cheon
Purpose of study construction law
Construction law enables the author to understand the principles of construction laws and its applications.. Due to that, also important of adhering to the specific procedures and notices are emphasized. Moreover, author could able to develop an in-depth knowledge on the application of the law and the remedies available to the parties. Also, author will be able to adopt a systematic approach to analyze disputes and the respective liabilities. Lastly, to enhance the authors’ knowledge on matters involving contractual claims and its assessment.
Objectives:
1. This study allows me to understand the general principles on the formation of a contract and remedies in the event of breach.
2. This study enable me to understand the roles and liabilities of architects, quantity surveyors and other professionals in relation to professional negligence and the use of collateral contract.
3. This study enable me to appreciate the laws relating to payments, contractual claims and interpretation rules of ambiguity found in documents.
4. This study enable me to understand the laws relating to land and construction industry with regards to National Land Code, Street, Drainage and Building Act, Uniform Building By-Law, Strata Title Act, etc.
5. This study enable me to appreciate the principles and procedures of litigation, arbitration, adjudication and other alternative dispute resolution (ADR) stated by the Malaysian Government and Standard Form of Contract.
Learning Outcomes:
1. I am able to identify, explain and distinguish the various laws related to the construction industry including land law and construction statutes by demonstrating knowledge and understanding of the principles in law, conditions of contract and the applicable statutes.
2. I am able to analyze, interpret and apply this knowledge on the principles of law in administration of contracts and contractual claims including providing evidence of reasoned advice in relation to contractual claims and interpretation of any discrepancies of various contract documents.
3. I am able to take appropriate methods of dispute resolution for different situations arising from construction contract.
Assignment 1- Seminar
This assignment is in a form of seminar. Author and his partner will be given a law topic a week before the seminar for preparation. We will be given approximately 15 minutes to present different topic. Presentation can be any format. Each of the member required to present during the seminar. After the presentation, we are required to ask two question for discussion and the class is required to ask at least one question to us.
Test
After few months of studying this subject, student must prepared to face the mid term test which to test the students memories of what have learned from past few months. This is to test the ability of the students in identifying, analysing and applying the principles of construction law in different situations.
Assignment 2
Loss and/or Expenses Application
Author required to form a group and act as consultants assessing a contractor’s application for loss and expense claim. The group will assess the applications based on the conditions of contract and principles of laws relating to remedies and damages due to breach of contract.
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