Pemahaman kontraktor terhadap undang-undang kontrak pembinaan khusus kepada dokumen kontrak berasaskan borang JKR 203/203A
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Date
2001-03
Authors
Noriza Md. Nor
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Abstract
Contract Law generally are base on the offer concept whereby each party must
contribute something to the agreement to make it binding. A construction
contract implemented are deemed to be fully completed when the contractor
had executed all the works including maintenance responsibilities, architect or
engineer had issued all fitness Certificate and client had settled all payment
arrears. Contractor who directly involve in the construction industry often lack
understanding on the requirement stipulated in the contract document attributed
by their tendency to emphasize more on meeting the completion dateline,
(which rarely happen due to extension of time usually given) minimizing cost
and maximizing profit from the project. Not all works undertaken by contractor
run smoothly and reach client expected objective due to lack of understanding
on the standard contract form use for contract which subsequently frustrate the
project. Issues noted directly in this research are seen from contractor
perspective of understanding on the construction contract law specifically op
JKR 203/203A-based contract document. Nevertheless certain court cases is
discussed at a glance in which it directly connected and relevant. The purpose
of this research is to evaluate contractor apprehension on law of contract
pertaining to contract document that is based on JKR 203/203A and the
quintessential need in understanding contract law in executing construction
project. From the research, it can be concluded that those categorized as being
holding position of Assistant Quantity Surveyor/Quantity Surveyor, Engineer
and Project Manager possess mediocre level of understanding. However,
certain matter pertaining to insurance and bank guarantee is not understood by
Engineer and Project Manager. In addition, some aspects related to insurance
ยท and bank guarantee, fmancial claim and variation order directive, functional
duties of Superintendent Officer as well as project completion and
compensation was not fully mastered by those in site supervision field. Some of
the views and opinions are presented such as the need to attend seminar to
nurture better appreciation in matters related to contract, complete
documentation to justifY claim toward client on variation of works, exclusion of
non-standard item which should be nullified in documenting contract.
Nevertheless, the impacts posed by all those views highlighted are much
depends on the alertness of those in the construction industry.
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