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FUNDAMENTALS OF CONSTRUCTION LAW IN MALAYSIA

Construction law is a basic rules and regulations for construction industry. It relates to project implementation (Tort and Standard Form of Contract). Types of Standard Form of Contract:
PAM PWD 203A

It includes a basic framework of law, commercial and management mechanism of a construction project.

Registration Act for Architect (Act 117), Engineer (Act 138) & Qs (Act 487) Contract Act 1976 (Act 136) Sale of goods Act 1975 (Act 382) Time Limit Act 1981 (Act 254) Company Act 1973 (Act 125) Sharing Act 1961 (Act 135) Bankruptcy Act 1967 (Act 360) Arbitration Act 1972 (Act 93) Occupational Safety and Health Act 1994 (Act 514) Road, Drainage & Building Act 1994 (Act 133) By-laws Uniformity of Building 1983 (GN 5178/85) Act of civil Law 1972 (Act 67)

RELATED STATUTE

INTRODUCTION TO THE LAW OF CONTRACT


An agreement enforceable under law. The agreement legally binding between two parties or more, provided that certain conditions are observed (Contract Act, 1976) Types of contract:
Simple contract Special contract

SIMPLE CONTRACT
A contract will exist when:
Constituted by an offer made by 1 party (offeror) and its acceptance by the other party (offeree) supported by consideration.
OFFER

the parties involved reached an agreement legally recognized rights, responsibilities that arise from that agreement.

SUPPORTED BY CONSIDERATION

ACCEPTANCE

SIMPLE CONTRACT
Back in 90s, most of the construction law is a simple contract Simple contract can be form by:
Written Verbal Action by parties involve (offer and acceptance)

Validity for 6 years

SPECIAL CONTRACT
A document signed, stamping and given to all the parties involved Start widely used in the Government Sector Need to be in form of written Validity for 12 years
OFFER SUPPORTED BY CONSIDERATION

ACCEPTANCE

INTRODUCTION TO THE LAW OF TORT

INTRODUCTION TO THE LAW OF TORT


Liability arises when a person breaches his duty sanctioned by the law which owned to the public generally giving rise to a remedy in damages(Law of Tort, 1931). A civil wrong/injury arising out of an act/failure to act which law will grant a remedy. Liability in tort is independent of any contract. Can be in form of:
Trespass Negligence Nuisance

THE LAW OF TORT

Contractor

Client

Outsider (Passerby)

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