Unfair contracts terms in PWD and PAM standard forms buildings contracts: an analysis

• Main Authors: Nurzihan, Mohammad Udin, Zuhairah Ariff, Abd Ghadas
• Format: Conference or Workshop Item
• Language: English
• Published: 2018
• Subjects: H Social Sciences (General); HD28 Management. Industrial Management; K Law (General)
• Online Access: http://eprints.unisza.edu.my/1398/1/FH03-FUHA-18-22853.pdf; http://eprints.unisza.edu.my/1398/

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.