The proper ways of assessing damages for defective building works
Damages are one of the remedies available for a breach of contract. In these circumstances, defective building works constitute a breach of contract by the contractor. This article discusses the proper ways of assessing damages for defective building works. The article reveals three (3) possible...
| Main Author: | |
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| Format: | Article |
| Published: |
Fakulti Undang - Undang
2006
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| Online Access: | http://journalarticle.ukm.my/1679/ |
| _version_ | 1848809619924713472 |
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| author | Mohd Suhaimi Mohd Danuri, |
| author_facet | Mohd Suhaimi Mohd Danuri, |
| author_sort | Mohd Suhaimi Mohd Danuri, |
| building | UKM Institutional Repository |
| collection | Online Access |
| description | Damages are one of the remedies available for a breach of contract. In these circumstances, defective building works constitute a breach of contract by the contractor. This article discusses the proper ways of assessing damages for defective building works. The article reveals three (3) possible measures of damages for defective building works. Whether to award reinstatement cost, diminution in value or loss of amenity/solatium, the essential requirements for the proper assessment of damages are the intention of the owner to remedy the defects and the reasonableness of the intention, and the reasonableness of the remedial works itself. This article suggests how the ‘intention’ and ‘reasonableness’ can be tested by using several questions of facts |
| first_indexed | 2025-11-14T23:17:30Z |
| format | Article |
| id | ukm-1679 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| last_indexed | 2025-11-14T23:17:30Z |
| publishDate | 2006 |
| publisher | Fakulti Undang - Undang |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | ukm-16792019-05-14T04:43:57Z http://journalarticle.ukm.my/1679/ The proper ways of assessing damages for defective building works Mohd Suhaimi Mohd Danuri, Damages are one of the remedies available for a breach of contract. In these circumstances, defective building works constitute a breach of contract by the contractor. This article discusses the proper ways of assessing damages for defective building works. The article reveals three (3) possible measures of damages for defective building works. Whether to award reinstatement cost, diminution in value or loss of amenity/solatium, the essential requirements for the proper assessment of damages are the intention of the owner to remedy the defects and the reasonableness of the intention, and the reasonableness of the remedial works itself. This article suggests how the ‘intention’ and ‘reasonableness’ can be tested by using several questions of facts Fakulti Undang - Undang 2006 Article PeerReviewed Mohd Suhaimi Mohd Danuri, (2006) The proper ways of assessing damages for defective building works. Jurnal Undang-undang, 10 . ISSN 1394-7729 http://ejournal.ukm.my/juum |
| spellingShingle | Mohd Suhaimi Mohd Danuri, The proper ways of assessing damages for defective building works |
| title | The proper ways of assessing damages for
defective building works
|
| title_full | The proper ways of assessing damages for
defective building works
|
| title_fullStr | The proper ways of assessing damages for
defective building works
|
| title_full_unstemmed | The proper ways of assessing damages for
defective building works
|
| title_short | The proper ways of assessing damages for
defective building works
|
| title_sort | proper ways of assessing damages for
defective building works |
| url | http://journalarticle.ukm.my/1679/ http://journalarticle.ukm.my/1679/ |