“Green construction contracts”: an appraisal of the PWD, PAM and CIDB standard form building contracts
One of the vital aspects in implementing a sustainable and energy efficient construction project is the contracts. Similar to other type of contracts, parties in construction contracts need to clearly identify their expectations and specifically provide in the contract for the accomplishment of t...
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Main Authors: | , |
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Format: | Conference or Workshop Item |
Language: | English |
Published: |
2018
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Subjects: | |
Online Access: | http://eprints.unisza.edu.my/1410/1/FH03-FUHA-18-22621.pdf http://eprints.unisza.edu.my/1410/ |
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Summary: | One of the vital aspects in implementing a sustainable and energy efficient
construction project is the contracts. Similar to other type of contracts, parties in
construction contracts need to clearly identify their expectations and specifically
provide in the contract for the accomplishment of their intention. If the parties are
serious on green building or “green” related issues in the project, such
interest/objective can best be achieved via terms of the construction contracts.
Some of existing construction contracts may include provisions that promote
consideration of sustainability issues, but normally such terms are general and not
mandatory. For example, in the UK JCT standard form construction contract, there
is a provision for optional clauses which encouraged the contractor to suggest
economically viable amendments to the works which, if instructed as a change, may
result in an improvement in environmental performance in the carrying out of the
works. In Malaysia, the standard form contracts which are commonly adopted by
the construction industry players are the PWD forms for the government projects
and PAM forms for the private projects. The CIDB standard form is also available
as another option though it is not as popular as the other two standard form
contracts. This paper discusses provisions of the PWD, PAM and CIDB forms in
relation to green construction contracts. The main objectives of this paper are to
highlight whether existing terms in these standard forms are able to cater for green
issues in construction industry and to propose necessary changes so that the contracts could accommodate sustainable and green building projects. The
research methodology adopted in this paper is doctrinal and statutory analysis. |
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