The legal status of construction work programme in the construction industry

In construction contracts, a programme is usually produced to record the sequence of work. Most standard forms of contract neither state it to be part of the contract document nor give guidelines of how to prepare a work programme and the form it should take. The form does not clearly defined the pr...

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Main Author:	Othman, Siti Fairus
Format:	Thesis
Language:	English
Published:	2009
Subjects:	HD28 Management Industrial Management
Online Access:	http://eprints.utm.my/id/eprint/12421/6/SitiFairusOthmanMFAB2009.pdf
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id	my-utm-ep.12421
record_format	uketd_dc
spelling	my-utm-ep.124212017-09-18T11:01:31Z The legal status of construction work programme in the construction industry 2009-11 Othman, Siti Fairus HD28 Management. Industrial Management In construction contracts, a programme is usually produced to record the sequence of work. Most standard forms of contract neither state it to be part of the contract document nor give guidelines of how to prepare a work programme and the form it should take. The form does not clearly defined the programme’s role and it does not state that there is a clear obligation to proceed in accordance with the programme. The aim of this research is to identify the legal status of a work programme and whether it is contractually binding or not and whether it can be used as an evidence in establishing variations, assessing extension of time and in determining a contractor’s employment. The research is based on literature information about construction work programme, its provisions for international and local standard forms of contract and the legal implications in court cases where work programme was considered an important document in the judgment. From the research, it is found that a contractor has to have at least an updated documents about its project’s progress, minimally in the form of critical path analysis and logical link for a causative event of delay to be proven. If the programme includes a method statement then that stated method may become the specified method of working. This entitles the contractor to a variation if the specified method is required to be changed. It is also found that the subcontract programme had no contractual effect as to original main programme. But non-performance under its obligations may be treated as a repudiatory breach and claims for damages is liable due to parties determination. Lastly the research found that his entitlement to recover losses due to the delay or awardment of an extension of time can be considered the compensation under the contract. All the existence and extent of these obligations are determined by the terms of the contract. 2009-11 Thesis http://eprints.utm.my/id/eprint/12421/ http://eprints.utm.my/id/eprint/12421/6/SitiFairusOthmanMFAB2009.pdf application/pdf en public masters Universiti Teknologi Malaysia, Faculty of Built Environment Faculty of Built Environment
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	HD28 Management Industrial Management
spellingShingle	HD28 Management Industrial Management Othman, Siti Fairus The legal status of construction work programme in the construction industry
description	In construction contracts, a programme is usually produced to record the sequence of work. Most standard forms of contract neither state it to be part of the contract document nor give guidelines of how to prepare a work programme and the form it should take. The form does not clearly defined the programme’s role and it does not state that there is a clear obligation to proceed in accordance with the programme. The aim of this research is to identify the legal status of a work programme and whether it is contractually binding or not and whether it can be used as an evidence in establishing variations, assessing extension of time and in determining a contractor’s employment. The research is based on literature information about construction work programme, its provisions for international and local standard forms of contract and the legal implications in court cases where work programme was considered an important document in the judgment. From the research, it is found that a contractor has to have at least an updated documents about its project’s progress, minimally in the form of critical path analysis and logical link for a causative event of delay to be proven. If the programme includes a method statement then that stated method may become the specified method of working. This entitles the contractor to a variation if the specified method is required to be changed. It is also found that the subcontract programme had no contractual effect as to original main programme. But non-performance under its obligations may be treated as a repudiatory breach and claims for damages is liable due to parties determination. Lastly the research found that his entitlement to recover losses due to the delay or awardment of an extension of time can be considered the compensation under the contract. All the existence and extent of these obligations are determined by the terms of the contract.
format	Thesis
qualification_level	Master's degree
author	Othman, Siti Fairus
author_facet	Othman, Siti Fairus
author_sort	Othman, Siti Fairus
title	The legal status of construction work programme in the construction industry
title_short	The legal status of construction work programme in the construction industry
title_full	The legal status of construction work programme in the construction industry
title_fullStr	The legal status of construction work programme in the construction industry
title_full_unstemmed	The legal status of construction work programme in the construction industry
title_sort	legal status of construction work programme in the construction industry
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2009
url	http://eprints.utm.my/id/eprint/12421/6/SitiFairusOthmanMFAB2009.pdf
_version_	1747814936169414656

The legal status of construction work programme in the construction industry

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