Unfair contracts terms in PWD and PAM standard forms buildings contracts: an analysis
In Malaysia, there are several types of standard form building contract available and commonly used nowadays, namely PWD (Public Works Department) Standard Form of Contract, PAM (Pertubuhan Arkitek Malaysia) Standard Form of Contract, CIDB (Construction Industry Development Board) Standard Form o...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
2018
|
| Subjects: | |
| Online Access: | http://eprints.unisza.edu.my/1398/1/FH03-FUHA-18-22853.pdf http://eprints.unisza.edu.my/1398/ |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | In Malaysia, there are several types of standard form building contract available
and commonly used nowadays, namely PWD (Public Works Department) Standard
Form of Contract, PAM (Pertubuhan Arkitek Malaysia) Standard Form of
Contract, CIDB (Construction Industry Development Board) Standard Form of
Contract, and IEM (Institution of Engineers Malaysia) Standard Form of Contract.
In the standard forms of contracts, all terms are pre-determined without prior
discussion and engagement between the contractual parties. This may give rise to
possibility of unfair terms in the agreement which may result to unfair and
imbalance right to both parties. This paper discuss and analyze the existence of
unfair contract terms in Malaysia standard form building contracts with special
reference to the PWD and PAM standard form contracts. Main objective of this
paper is to propose measures to resolve effects of the unfair contract terms.
Research methodology applied in the paper is doctrinal analysis. |
|---|