Chan, C F P (2001) The development of construction law in singapore. PhD thesis, University of London, UK.
Abstract
The term "construction law" has gained only recent acceptance. Essentially, it comprises the law relating to the building contract, construction torts, legislation regulating design, workmanship materials, methods of working and site operation, and the law of arbitration. In Singapore, the construction law is under a strong influence from its English counterpart. From her legal birth on 27 November 1826, English law has been received generally and specifically to be part of the laws of Singapore until 12 November 1993 when the Application of English Law Act put an end to all reception of English law. At the micro level, the development of legislation and case law appears to respond to the needs of the local construction industry. An important event is the first ever collapse of a building in Singapore involving the Hotel New World. At the macro level, the case precedents from all the other commonwealth countries are available for use. Being a small country with an Asian background that encourages out of court settlement to avoid loss of face, there are very few local binding precedents. The greater part of the development of the construction case law is dependent on the persuasive commonwealth precedents which also grow according to their respective countries' needs. This thesis examines and evaluates the quality of development of the construction law under these circumstances. The prevailing statutory law, case law and the Singapore Institute of Architects (SIA) Form of Building Contract and the Public Sector Standard Conditions of Contract (PSSCOC) are scrutinised and criticised so as to establish the state of development with the warts, if any, and all.
| Item Type: | Thesis (Doctoral) |
|---|---|
| Uncontrolled Keywords: | Singapore; arbitration; building contract; construction law; legislation; public sector; workmanship |
| Index terms: | face, legislation, workmanship, public sector, construction law, Singapore, building contract, construction industry, case law, arbitration, hotel, architect, site operation |
| Subjects: | construction type, contract type, psychology, operations management, legal systems, Geography, profession, dispute resolution, contractual condition, industry analysis, construction law, administrative law |
| Topics: | Site Management, Organizational Design, Contract Administration, Construction Technology, Roles and Professions, Research Practice, Legal Issues, Procurement, Geographical Context |
| 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