Construction Law (QSB 4414)

Construction Law (QSB 4414)

Lecturer: Sr Eddie Lim Sek Cheon

The subject provides an understanding of the principles of construction laws and its applications. By understanding the basic principle of construction law, the importance of adhering to the specific procedures and notices are emphasized. The next phase is to develop an in-depth knowledge on the application of the law and the remedies available to the parties. Subsequently, students will be able to adopt a systematic approach to analyze disputes and the respective liabilities. This subject focuses on enhancing the students’ knowledge on matters involving contractual claims and its assessment.

Objectives:

1. To understand the general principles on the formation of a contract and remedies in the event of breach.

2. To understand the roles and liabilities of architects, quantity surveyors and other professionals in relation to professional negligence and the use of collateral contract.

3. To appreciate the laws relating to payments, contractual claims and interpretation rules of ambiguity found in documents.

4. To understand the laws relating to land and construction industry with regards to National Land Code, Street, Drainage and Building Act, Uniform Building By-Law, Strata Title Act, etc.

5. To appreciate the principles and procedures of litigation, arbitration, adjudication and other alternative dispute resolution (ADR) stated by the Malaysian Government and Standard Form of Contract.

Learning Outcomes:

1. I am able to clearly identify, explain and distinguish 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.

2. I have the ability 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.

3. I have the knowledge to take appropriate methods of dispute resolution for different situations arising from construction contract.

Seminar

The seminar contributes to 15% of the overall marks. Groups of 2 students are required to give presentation of the weeks lecture in their respective tutorial classes. Each group is also required to ask 2 questions to the class at the end of the presentation. This method has increased my understanding of each weeks lecture as we are being refreshed each time there is a seminar. Moreover, the questions discussed in the tutorial groups help us implement our knowledge into creating a question.

Test 

The mid term test contributes to 20% of the overall marks. This test was conducted on week 8 before the semester break. The test challenged us on what we have learnt up to week 8 and and subjective questions had to be answered.

Assignment

The assignment contributes to 15% of the overall marks. Students are required to form groups of 10 people where the students will form a group to act as consultants assessing a contractor’s claim for loss and expense. The group will assess the claims are to be approved based on factors such as PAM Form 2006 and Contracts.This assignment has provided me with a glimpse of the knowledge and principles of claims in the real working industry.