CLARITY AND IMPROVING LEVEL OF UNDERSTANDING OF CONTRACT DOCUMENTATION

Authors

  • Mohamad Ibrahim Mohamad Construction Technology and Management Centre, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor
  • Zulkifli Madon Construction Director, JKR Gerbang Selatan Bersepadu Project,
  • Rosli Zin Construction Technology and Management Centre, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor
  • Shaiful Amri Mansur Construction Technology and Management Centre, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor

DOI:

https://doi.org/10.11113/mjce.v20.15761

Keywords:

Clarity of contract, construction procurement, contract documentation, improving contract document

Abstract

The contractual obligation by any party in any contract will be interpreted by terms and contents of the documents laid down in the contract. Effective interpretation and understanding of the contractual obligations will be much dependent on the clarity of the documents in translating the needs and requirements implied as in the agreement. Improper understanding of the documents may lead to the different interpretations that may result in unnecessary contractual problems such as disputes, unnecessary claims, reworks, shoddy works, and even litigation. This paper presents the results of the study related to issue of understanding of construction contract documentation in Malaysia. Also presented are the factors that inhibit understanding of the contract as well as factors that can help to make the interpretation process much easier. Eventually, a proposal of various factors that can be used to improve the level of understanding of contract document is suggested in this paper.

References

Chan, E. H. and Suen, C. H. (2005). Dispute and Dispute Resolution System in Sino-Foreign joint Venture Construction Project in China. Journal of Professional issues of Engineering

Education and Practice © ASCE / April 2005/141

Cheng, W.L. (2001). Network Communication in the Construction Industry, corporate Communication. An International Journal. Vol 6-Number 2. 2001. 61-70.

Dennis, F. T. (1982). Building Contracts, A Practical Guide. 4th ed. George Godwin, London.

Harmon, K. M (2003). Conflicts between Owner and Contractors: Proposed Intervention Process. Journal of Management in Engineering, ASCE/ July2003 pp,121.

Keating, D. and Uff, J. (1978). Building Contracts. Sweet &Maxwell, London.

Mc Callum, M.H.(2002). A Quick Primer on Construction Risks And Contracting Practice. American Corporate Counsel Association Annual General Meeting. October 2-4, 2002.

Downloads

Published

2018-05-27

Issue

Section

Articles

How to Cite

CLARITY AND IMPROVING LEVEL OF UNDERSTANDING OF CONTRACT DOCUMENTATION. (2018). Malaysian Journal of Civil Engineering, 20(1). https://doi.org/10.11113/mjce.v20.15761