The exclusion clause in government standard form of construction contracts

One of the functions of contract is to set out the rights, duties and liabilities of the parties to the contract. When a party fails to perform his duty, he is liable to pay damages to the innocent party. However, it is quite a normal practice for a party to expressly exclude liability in such event...

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Main Author:	Abd. Hamid, Saiful Azhar
Format:	Thesis
Language:	English
Published:	2013
Subjects:	TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/33160/5/SaifulAzharAbdHamidMFAB2013.pdf
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id	my-utm-ep.33160
record_format	uketd_dc
spelling	my-utm-ep.331602017-07-24T04:16:02Z The exclusion clause in government standard form of construction contracts 2013-01 Abd. Hamid, Saiful Azhar TH Building construction One of the functions of contract is to set out the rights, duties and liabilities of the parties to the contract. When a party fails to perform his duty, he is liable to pay damages to the innocent party. However, it is quite a normal practice for a party to expressly exclude liability in such eventuality. Such a term is generally known as exclusion clause. It essentially means that if he fails to perform the duty that he is expressly or impliedly bound to carry out under the contract, he is not liable to the other party. Exclusion in performing obligations in the event of breach of contract is an issue that often creates a dispute between the contracting parties. It is even more crucial when the contract is wholly drafted only by one party. Exclusion clauses are also found in standard forms of construction contracts. But they are worded in such a way that it is very difficult to determine with certainty that they are in fact exclusion clauses. They normally exclude the liability of the employers and thus create inequality and unfairness between the contracting parties. Therefore, the objective of this study is to identify the exclusion clauses and their effectiveness in excluding the employers’ liabilities. The scope of this study is limited to the Public Works Department standard forms of contracts. The study was carried out by analyzing the standard contract forms. The effectiveness was evaluated by examining the relevant court cases and opinions of experts. The analysis of the standard forms revealed sixteen exclusion clauses. In term of their effectiveness, by and large, the research found that, not all the exclusion clauses were effective to exclude the government’s liability to the contractor in the event of such failure of performance. 2013-01 Thesis http://eprints.utm.my/id/eprint/33160/ http://eprints.utm.my/id/eprint/33160/5/SaifulAzharAbdHamidMFAB2013.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	TH Building construction
spellingShingle	TH Building construction Abd. Hamid, Saiful Azhar The exclusion clause in government standard form of construction contracts
description	One of the functions of contract is to set out the rights, duties and liabilities of the parties to the contract. When a party fails to perform his duty, he is liable to pay damages to the innocent party. However, it is quite a normal practice for a party to expressly exclude liability in such eventuality. Such a term is generally known as exclusion clause. It essentially means that if he fails to perform the duty that he is expressly or impliedly bound to carry out under the contract, he is not liable to the other party. Exclusion in performing obligations in the event of breach of contract is an issue that often creates a dispute between the contracting parties. It is even more crucial when the contract is wholly drafted only by one party. Exclusion clauses are also found in standard forms of construction contracts. But they are worded in such a way that it is very difficult to determine with certainty that they are in fact exclusion clauses. They normally exclude the liability of the employers and thus create inequality and unfairness between the contracting parties. Therefore, the objective of this study is to identify the exclusion clauses and their effectiveness in excluding the employers’ liabilities. The scope of this study is limited to the Public Works Department standard forms of contracts. The study was carried out by analyzing the standard contract forms. The effectiveness was evaluated by examining the relevant court cases and opinions of experts. The analysis of the standard forms revealed sixteen exclusion clauses. In term of their effectiveness, by and large, the research found that, not all the exclusion clauses were effective to exclude the government’s liability to the contractor in the event of such failure of performance.
format	Thesis
qualification_level	Master's degree
author	Abd. Hamid, Saiful Azhar
author_facet	Abd. Hamid, Saiful Azhar
author_sort	Abd. Hamid, Saiful Azhar
title	The exclusion clause in government standard form of construction contracts
title_short	The exclusion clause in government standard form of construction contracts
title_full	The exclusion clause in government standard form of construction contracts
title_fullStr	The exclusion clause in government standard form of construction contracts
title_full_unstemmed	The exclusion clause in government standard form of construction contracts
title_sort	exclusion clause in government standard form of construction contracts
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment
granting_department	Faculty of Built Environment
publishDate	2013
url	http://eprints.utm.my/id/eprint/33160/5/SaifulAzharAbdHamidMFAB2013.pdf
_version_	1747816094015422464

The exclusion clause in government standard form of construction contracts

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