Legal Issues of Partnering in Construction: An Analysis of Case Law

Mohd Raslim, Faraziera and Mustaffa, Nur Emma and Yaakob, Jamaluddin (2010) Legal Issues of Partnering in Construction: An Analysis of Case Law. In: Construction, Building and Real Estate Research Conference of the Royal Institution of Chartered Surveyors, COBRA 2010, 2 - 3 September 2010, Paris, France.


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Partnering has been acknowledged by the team players in construction industry as one of the approaches to tackle the adversarial culture in the industry. It effectively lowers the risk of cost escalation and delays, as a result from better time control and cost control over the construction project. Through trust, transparency, open communication, co-operation and mutual objectives, it introduces a win-win approach to team players in the construction industry. Though it has been debated that partnering is not about contracts, there are legal issues to be measured from the adoption of partnering concept. This paper examines all the relevant case law which issues are on partnering in the construction industry. Legal issues pertaining to partnering will be determined from these cases and adopted as the ground for the formation of partnering contract. The ultimate aim of this study is to produce a framework of the partnering contract which is suitable for the Malaysian construction industry to be as a reference in the implementation of partnering.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: Construction projects; Legal issues; Malaysia; Partnering
Subjects: H Social Sciences > H Social Sciences (General)
Divisions: Faculty of Built Environment > Construction Contract Management
Depositing User: FAB IR Admin
Date Deposited: 14 Oct 2014 06:43
Last Modified: 14 Oct 2014 06:43

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