Faraziera, M R; Emma, M N and Jamaluddin, Y (2010) Legal issues of partnering in construction industry: Malaysia contract law system. In: Egbu, C (ed.) Proceedings of 26th Annual ARCOM Conference, 6-8 September 2010, Leeds, UK.
Abstract
Partnering is gaining popularity as an innovative method to carry out construction projects globally. It is a concept that provides a framework for the establishment of mutual objectives among the building team members with an attempt to reach an agreed dispute resolution procedure as well as encouraging the principle of continuous improvement. Though it has been debated that, partnering is not about contracts, there are legal issues to be considered in the adoption of partnering concept. The aim of this research is to fill in the existing gap in the legal issues of partnering in the construction industry. The research focuses on the analysis of legal issues of partnering in the construction industry and also to determine the appropriateness of partnering term which suits the nature of Malaysia’s construction industry. It highlights the definitions of partnering in the construction industry, the research objectives and the research methodology. Also, from the methodology of literature review and case law reviews several legal issues of partnering in construction industry are derived which cover the interpretation of contractual documents, principle of good faith, fiduciary relations, doctrine of estoppel and waiver and misrepresentations. The ultimate aim of this research is to produce a framework of the partnering contract which is suitable for the Malaysian construction industry and to serve as a reference in the implementation of partnering in Malaysia.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | construction projects; legal issues; Malaysia; partnering |
| Index terms: | good faith, Malaysia, legal issue, contract law, partnering, literature review, dispute, building team, continuous improvement, research methodology, documents, construction project, methodology, case law, resolution, implementation, construction industry |
| Subjects: | legal systems, data analysis and analytics, contractual arrangements, research design and methodology, dispute resolution, partnership management, conflict resolution, professional ethics, leadership, industry analysis, research methods, contract law, performance measurement, professional development, production management, Geography |
| Topics: | Human Resources, Quality Management, Legal Issues, Procurement, Stakeholder Management, Information Management, Geographical Context, Project Management, Research Practice |
| Descriptive scope: | 4 PCTA |
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