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Faraziera, M R, Emma, M N and Jamaluddin, Y (2010) Legal issues of partnering in construction industry: Malaysia contract law system. In: Egbu, C (Ed.), Proceedings 26th Annual ARCOM Conference, 6-8 September 2010, Leeds, UK. Association of Researchers in Construction Management, Vol. 2, 1039–48.

  • Type: Conference Proceedings
  • Keywords: construction projects; legal issues; Malaysia; partnering
  • ISBN/ISSN: 978-0-9552390-4-5
  • URL: http://www.arcom.ac.uk/-docs/proceedings/ar2010-1039-1048_Faraziera_Emma_and_Jamaluddin.pdf
  • Abstract:
    Partnering is gaining popularity as an innovative method to carry out construction projects globally. It is a concept that provides a framework for the establishment of mutual objectives among the building team members with an attempt to reach an agreed dispute resolution procedure as well as encouraging the principle of continuous improvement. Though it has been debated that, partnering is not about contracts, there are legal issues to be considered in the adoption of partnering concept. The aim of this research is to fill in the existing gap in the legal issues of partnering in the construction industry. The research focuses on the analysis of legal issues of partnering in the construction industry and also to determine the appropriateness of partnering term which suits the nature of Malaysia’s construction industry. It highlights the definitions of partnering in the construction industry, the research objectives and the research methodology. Also, from the methodology of literature review and case law reviews several legal issues of partnering in construction industry are derived which cover the interpretation of contractual documents, principle of good faith, fiduciary relations, doctrine of estoppel and waiver and misrepresentations. The ultimate aim of this research is to produce a framework of the partnering contract which is suitable for the Malaysian construction industry and to serve as a reference in the implementation of partnering in Malaysia.