2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia
| Format: | General Document |
|---|
| _version_ | 1860798180256382976 |
|---|---|
| building | INTELEK Repository |
| collection | Online Access |
| collectionurl | https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 |
| copyright | Copyright©PWB2025 |
| country | Malaysia |
| date | 2023-05-14 |
| format | General Document |
| id | 16314 |
| institution | UniSZA |
| originalfilename | SUSTAINABLE DESIGN AND CONSTRUCTION COMPLIANT STANDARD FORM OF CONTRACT FOR GREEN BUILDING PROJECTS IN MALAYSIA (PHD_2023).pdf |
| person | Khariyah binti Mat Yaman |
| recordtype | oai_dc |
| resourceurl | https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16314 |
| sourcemedia | Server storage Scanned document |
| spelling | 16314 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16314 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Construction Server storage Scanned document UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 2.4.24; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 2023-05-14 Construction contracts 1118 SUSTAINABLE DESIGN AND CONSTRUCTION COMPLIANT STANDARD FORM OF CONTRACT FOR GREEN BUILDING PROJECTS IN MALAYSIA (PHD_2023).pdf Khariyah binti Mat Yaman Sustainable Sustainable architecture Green building 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia Green building and ‘Sustainable Design and Construction’ (SDC) practices are central to Malaysian construction industry transformation programmes towards a more sustainable built environment in response to global agendas of sustainable development and Sustainable Development Goals. One critical document that would ensure the achievement of SDC-compliant or green building objectives is the contract. The construction industry worldwide, including Malaysia, is accustomed to using the standard form of contract. Notwithstanding the prevalent use of the standard form of contract in both public and private projects in Malaysia, no standard form of contract has been developed specifically for green building projects. It is crucial to address this lacuna as currently there is a gap between the government’s agenda and policies and the industry’s standard practice. Furthermore, green building construction with the implementation of SDC is different in many aspects from conventional building construction in terms of the requirements and risks involved. These have served as the impetus for this research. This study focused on examining loopholes in Malaysia’s commonly used standard forms of contract in addressing the specific requirements, approaches, and risks peculiar to SDC; and offered potential improvements that can be made to address the gaps. This study applied doctrinal legal research methodology to highlight the gaps in the standard contract instrument and recommend a solution. This study referred to primary and secondary sources of law. The primary sources of law include the Federal Constitution, relevant planning and environmental legislations and by-laws, and decided cases. The secondary sources of law include the guidelines, standards, law books, journals, reports, periodicals, online publications, and other library-based information. Within the parameters of this methodology, this study adopted descriptive analysis, content analysis and analytical analysis approaches to achieve the respective Research Objectives designed for this study. The requirements of the Malaysian Carbon Reduction and Environmental Sustainability Tool (MyCREST), Penarafan Hijau Jabatan Kerja Raya (pHJKR), Green Building Index (GBI), Melaka Green Seal, and GreenRE were analysed in developing the SDC parameters, which were then critically compared and analysed within the common structure of the standard forms of contract. This study found that the standard forms in their current structure are insufficient to cater to specific requirements and new approaches within the SDC parameters. The discussion on the relevant principles of interpretation and construction of contractual terms and the development of standard forms of contract in other jurisdictions, specific for sustainable projects, emphasised the importance to look into this aspect which cannot be resolved by mere implication of terms. A standard form of contract to cater to SDC requirements should be developed, setting out the respective parties’ rights and obligations and properly allocating risks associated with SDC implementation. The SDC-compliant standard form of contract which is proposed by this study would fill in the lacuna in the Malaysian construction industry standard practice. It would provide a platform for acquainting the industry players with SDC requirements and expanding participation opportunities. Ultimately, the goal is to bring the Malaysian construction industry players together in realising the national sustainability agenda. Dissertations, Academic Design Thesis |
| spellingShingle | 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia |
| state | Terengganu |
| subject | Construction contracts Sustainable architecture Green building Dissertations, Academic |
| summary | Green building and ‘Sustainable Design and Construction’ (SDC) practices are central to Malaysian construction industry transformation programmes towards a more sustainable built environment in response to global agendas of sustainable development and Sustainable Development Goals. One critical document that would ensure the achievement of SDC-compliant or green building objectives is the contract. The construction industry worldwide, including Malaysia, is accustomed to using the standard form of contract. Notwithstanding the prevalent use of the standard form of contract in both public and private projects in Malaysia, no standard form of contract has been developed specifically for green building projects. It is crucial to address this lacuna as currently there is a gap between the government’s agenda and policies and the industry’s standard practice. Furthermore, green building construction with the implementation of SDC is different in many aspects from conventional building construction in terms of the requirements and risks involved. These have served as the impetus for this research. This study focused on examining loopholes in Malaysia’s commonly used standard forms of contract in addressing the specific requirements, approaches, and risks peculiar to SDC; and offered potential improvements that can be made to address the gaps. This study applied doctrinal legal research methodology to highlight the gaps in the standard contract instrument and recommend a solution. This study referred to primary and secondary sources of law. The primary sources of law include the Federal Constitution, relevant planning and environmental legislations and by-laws, and decided cases. The secondary sources of law include the guidelines, standards, law books, journals, reports, periodicals, online publications, and other library-based information. Within the parameters of this methodology, this study adopted descriptive analysis, content analysis and analytical analysis approaches to achieve the respective Research Objectives designed for this study. The requirements of the Malaysian Carbon Reduction and Environmental Sustainability Tool (MyCREST), Penarafan Hijau Jabatan Kerja Raya (pHJKR), Green Building Index (GBI), Melaka Green Seal, and GreenRE were analysed in developing the SDC parameters, which were then critically compared and analysed within the common structure of the standard forms of contract. This study found that the standard forms in their current structure are insufficient to cater to specific requirements and new approaches within the SDC parameters. The discussion on the relevant principles of interpretation and construction of contractual terms and the development of standard forms of contract in other jurisdictions, specific for sustainable projects, emphasised the importance to look into this aspect which cannot be resolved by mere implication of terms. A standard form of contract to cater to SDC requirements should be developed, setting out the respective parties’ rights and obligations and properly allocating risks associated with SDC implementation. The SDC-compliant standard form of contract which is proposed by this study would fill in the lacuna in the Malaysian construction industry standard practice. It would provide a platform for acquainting the industry players with SDC requirements and expanding participation opportunities. Ultimately, the goal is to bring the Malaysian construction industry players together in realising the national sustainability agenda. |
| title | 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia |
| title_full | 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia |
| title_fullStr | 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia |
| title_full_unstemmed | 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia |
| title_short | 2023_Sustainable Design and Construction Compliant Standard Form of Contract for Green Building Projects in Malaysia |
| title_sort | 2023_sustainable design and construction compliant standard form of contract for green building projects in malaysia |