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Construction Defect Claims in Malaysia

Construction Defect Claims in Malaysia

作者： Teng Kam Wah
出版商： Sweet & Maxwell Malaysia
ISBN: 9789672339069
出版时间 October 2019
规格： Hardback + eBook
适应领域： Malaysia ? 免责申明：
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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.
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
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.

Teng Kam Wah holds a Bachelor of Science (BSc (Hons)) from the University of Malaya where he was awarded the University of Malaya Book Prize in 1980. He then pursued his passion in law and attained his Bachelor of Laws (LLB (Hons)) and later Master of Laws (LLM) from the University of London. He has recently been conferred a Doctor of Philosophy (PhD) by the Faculty of Built Environment, University of Malaya, his doctoral thesis focusing on construction defect claims. He is a Fellow of the Chartered Institute of Arbitrators (FCIArb), holds a Certificate in Adjudication from the Asian International Arbitration Centre and has attended a Mediator/Conciliator Training Programme organised by the same institution.

The author is a well-known speaker, having spoken in many seminars on various topics of construction law. He has also published law articles in various professional journals. In addition to that, he was the First Prize Winner in the Vincent Powell-Smith Competition in Construction Law organised by the Society of Construction Law in 2013.
“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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