This module provides understanding of 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 emphasised. Moreover, to develop an in-depth knowledge on the application of law the remedies available to the parties in the next phase. This module provides the knowledge on matters regarding contractual claims and analysing disputes and the respective liabilities.
The objectives of this module are to:
1. To understand the general principles of contract law and formation of a contract and remedies in the event of breach with reference to relevant case laws including to appreciate and awareness of CIDB Construction Law Report which will be updated and published by CIDB annually.
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 and collateral warranties.
3. To appreciate the laws relating to suspension and determination, payments, contractual claims as applied to construction projects with specific reference to common construction contract clauses and interpretation rules of ambiguity found in documents.
4. To understand the laws relating to construction industry with regards to Limitation Act 1953, Arbitration Act 2005, Mediation Act 2012, Construction Industry Payment and Adjudication Act (CIPAA) 2012, and etc.
5. To appreciate and evaluate the principles and processes used for avoidance and resolving disputes that arise during construction projects; litigation, arbitration, adjudication, mediation and other alternative dispute resolution (ADR) stated by the Malaysian Government Legislation and Standard Forms of Contract.
In this module, there are two assignments. The first coursework was in the form of seminar which consists of 20% of the final assessment. During week 2 to 13, a seminar will be carried out during tutorial session and a group of two or three would be nominated. Each of the group will be given a construction law topic a week before the presentation. We will be given about 10 minutes to present our topic during tutorial. Each of us in the group would have to ask two questions for discussion in class and to answer the questions asked by the lecturer or course mates.
Besides, the second coursework was assigned to us which is group assignment. In this assignment, we were required to act as consultants assessing a contractor's application for construction claims. We will then have to assess the application based on the conditions of contract and principles of laws relating to remedies and damages due to breach of contract or other contractual issues. After the assignment, there would be a final exam consisting of 50%.
Moreover, we are exposed on how to identify, explain and distinguish the various laws related to the construction industry. Hopefully, this helps us to analzye, interpret and apply this knowledge on the principles of law in administration of contracts and contractual claims. Overall, I had learnt more about the roles of the architects, quantity surveyors and other professionals in relation to professional negligence and use of collateral contract.