Construction Law

Construction Law (QSB 4414) by Sr. Eddie Lim Sek Cheon

Overall Reflections

Other than Measurement, a Quantity Surveyor also requires to have depth knowledge in contract. This subject is found to be important and very useful in our future. It enable students to explore their deep understanding in laws related to construction industry such as the roles and responsibilities of professional bodies, rules stated by local government such as National Land Code, Uniform Building By-Law and others. 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

Commonly, there are many disputes happen in a project in the construction industry. Therefore, understanding on the general principles on the formation of contract and remedies especially in the event of breach is one of the purposes of the subject. Besides, it is important for a professional body such as architects, quantity surveyors and other professionals who are in relation with construction industry to understand their roles and liabilities regarding professional negligence and the use of collateral contract. This subject also focuses on the laws which are relating to payments, contractual claims and interpretation rules of ambiguity that found in the documents. In addition, students able to explore the laws relating to land and construction industry such as National Land Code, Street Drainage and Building Act, Uniform Building By-Law, Strata Title Act, and others. This subject also provide students in the knowledge of the principles and procedures stated by the Malaysian Government and Standard Form of Contract such as litigation, arbitration, adjudication and other alternative dispute resolution (ADR).

Learning Outcomes

There are various laws which relating to the construction industry such as land law and construction statutes. .Author can identified, explained and distinguished 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. Next, author now 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. Lastly, author used appropriate methods of dispute resolution for different situations arising from construction contract. 

Course Work 1 – Seminar

Students are separate into 2 persons each group to carry out the seminar during tutorial session. The seminar is related to a law topic nominated and this topic is given to the seminar group one week before the presentation. After the presentation, the seminar group is required to ask two questions for discussion while the class also required to ask at least one question to the seminar group. The questions being asked are covered the details of relevant theories and concepts for the theory question presentation.

Course Work 2 – Loss & Expense Assessment

This is a group assignment comprises of four students in each group. Students are required to act as consultants assessing the applications of loss and expense claim by Contractor. The applications must be assessed based on the conditions of contract and principles of laws relating to remedies and damages due to breach of contract.

Course Work 3 – Mid Term Test

Through this 2 hours test, students ability in identifying, analysing and applying the principles of construction law in different situations can be assessed.