Ibrahim, W A B (2016) Regulatory framework for adjudicators in the Malaysian construction industry. PhD thesis, University of Strathclyde, UK.
Abstract
Following the precedent move by the United Kingdom when it enacted the Housing, Grants, Construction and Regeneration Act 1996 (HGCRA 1996) in 1998, the enactment of the Construction Industry Payment and Adjudication Act 2012 (CIPA 2012) in 2014 is expected to improve the cash flow problems in the construction industry in Malaysia. Parallel with statutory needs to resolve disputes via adjudication, the statutory adjudicator exists to conduct the adjudication process. However, in contrast with the Building and Construction Industry Security of Payment Act 2004 (SOPA 2004) in Singapore, HGCRA 1996 and CIPA 2012 does not provide a mandatory regulatory framework for adjudicators. In view of that issue, the author aims to identify and test an appropriate regulatory framework for adjudicators in Malaysia by comparing and contrasting the existing regulatory framework in the UK, Singapore, New Zealand and Malaysia. In addition, the author will also explore the current regulatory framework for construction professionals and legal practitioners since both professions made up more than 90% of adjudicators in the UK, Singapore, New Zealand and Malaysia. Towards the journey to achieve the aim of the research, the author will start by exploring the relevant underlying theories of existing regulatory framework for construction professionals, legal practitioners and adjudicators in the UK, New Zealand, Singapore and Malaysia. The author will also address and articulate the theory behind the existence of adjudicators and the fundamental theory on relevant skill and knowledge for adjudicators. These findings will help to support the process of developing theoretical regulatory framework that will be used as a guide to identify an appropriate and credible regulatory framework for adjudicators in Malaysia. With the theoretical regulatory framework in hand, the author has sought to test empirically the framework practicality within the Malaysian context via a small scale of evaluative studies. The evaluative studies proven to be a big step to understand the acceptance of the advocated theoretical regulatory framework for adjudicators. Ultimately, it can be concluded that the propose regulatory framework for adjudicators in Malaysia is tested and approved via the small scale studies.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | adjudication; dispute; Malaysia; payment; security |
| Index terms: | Malaysia, Singapore, adjudication, Construction and Regeneration Act 1996, New Zealand, dispute, adjudicator, profession, construction professional, small scale, construction industry, security of payment, cash flow, United Kingdom, practitioner, housing |
| Subjects: | Geography, production management, warranties, construction type, practitioner, institututions, financial management, professional development, industry analysis, dispute resolution, statutes |
| Topics: | Roles and Professions, Construction Technology, Cost Management, Research Practice, Information Management, Contract Administration, Project Management, Geographical Context, Legal Issues |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here