A Quantitative Evaluation Method for Standard Form of Contract in Malaysia

Lau, Stephenie May Kei (2019) A Quantitative Evaluation Method for Standard Form of Contract in Malaysia. Masters thesis, Universiti Malaysia Sarawak.

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Abstract

The Malaysian construction industry is heavily dependent on the standard forms of contract as a general condition of contracts in which all parties involve are well versed with the structured bond and duties that the contract implies. However, according to the contracting parties’ opinion, even with recent revisions, the existing standard forms are problematic, explicitly in terms of clarity, completeness and distribution of rights and obligations. Thus, this research aims to develop a theoretical and mathematical framework to evaluate the contents in a standard form of contract. This framework will then be tested using CIDB Standard Form of Contract for Building Works 2000, which is published by Construction Industry Development Board (CIDB) and used for both public and private sector construction projects. Every clauses and sentences in the contract was interpret by using a series of parameters and checklist developed from past literature. Data collected was then being analysed by using some simple mathematics formula. As a result, CIDB standard form of contract appears to be a quite clear, quite complete, and quite fair contract. This evaluation is consistent with the public's opinion in the past research, which also proved that the developed framework is working as intended. However, limitations are found during the framework validation. The results and recommendations are able to serve as a basis for future improvements in modifying the framework for standard form evaluation.

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