Voidable and void construction contracts

Like other ordinary contracts, construction contracts are created when two parties, either between employers and contractors, contractor and supplier, or other combinations, mutually agree to a transaction. A contract may outwardly appear to satisfy all the requirements of a valid contract, but on c...

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Main Author: Yow, Kah Lun
Format: Thesis
Language:English
Published: 2006
Subjects:
Online Access:http://eprints.utm.my/4992/
http://eprints.utm.my/4992/1/YowKahLunMFAB2006.pdf
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author Yow, Kah Lun
author_facet Yow, Kah Lun
author_sort Yow, Kah Lun
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description Like other ordinary contracts, construction contracts are created when two parties, either between employers and contractors, contractor and supplier, or other combinations, mutually agree to a transaction. A contract may outwardly appear to satisfy all the requirements of a valid contract, but on closer examination the minds of the contracting parties are poles apart in respect of the terms of the contract. Such lack of genuineness may lead a construction contract to become void or voidable. According to Sweet (2000), it is difficult to determine the validity and voidability of a contract in the construction industry. There are circumstances which can cause a construction contract to become void or voidable, and those circumstances may not be easy to be determined. Hence, this dissertation intends to identify on what circumstances a construction contract will be rendered void or voidable. This dissertation was carried out mainly through documentary analysis of law journals. Meanwhile, due to time constraint, questionnaire survey and interviews were not carried out. There are six (6) circumstances have been identified which may render a construction contract voidable; and at the same time, another six (6) circumstances have been identified which may render a construction contract void. This dissertation perhaps is not comprehensive, it is, however, hoped that it may provides some rough ideas or guidelines for the parties in the construction industry when determining whether or not a construction contract is void, or voidable.
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spelling utm-49922018-02-28T06:51:04Z http://eprints.utm.my/4992/ Voidable and void construction contracts Yow, Kah Lun HD28 Management. Industrial Management TH Building construction Like other ordinary contracts, construction contracts are created when two parties, either between employers and contractors, contractor and supplier, or other combinations, mutually agree to a transaction. A contract may outwardly appear to satisfy all the requirements of a valid contract, but on closer examination the minds of the contracting parties are poles apart in respect of the terms of the contract. Such lack of genuineness may lead a construction contract to become void or voidable. According to Sweet (2000), it is difficult to determine the validity and voidability of a contract in the construction industry. There are circumstances which can cause a construction contract to become void or voidable, and those circumstances may not be easy to be determined. Hence, this dissertation intends to identify on what circumstances a construction contract will be rendered void or voidable. This dissertation was carried out mainly through documentary analysis of law journals. Meanwhile, due to time constraint, questionnaire survey and interviews were not carried out. There are six (6) circumstances have been identified which may render a construction contract voidable; and at the same time, another six (6) circumstances have been identified which may render a construction contract void. This dissertation perhaps is not comprehensive, it is, however, hoped that it may provides some rough ideas or guidelines for the parties in the construction industry when determining whether or not a construction contract is void, or voidable. 2006-07 Thesis NonPeerReviewed application/pdf en http://eprints.utm.my/4992/1/YowKahLunMFAB2006.pdf Yow, Kah Lun (2006) Voidable and void construction contracts. Masters thesis, Universiti Teknologi Malaysia, Faculty of Built Environment.
spellingShingle HD28 Management. Industrial Management
TH Building construction
Yow, Kah Lun
Voidable and void construction contracts
title Voidable and void construction contracts
title_full Voidable and void construction contracts
title_fullStr Voidable and void construction contracts
title_full_unstemmed Voidable and void construction contracts
title_short Voidable and void construction contracts
title_sort voidable and void construction contracts
topic HD28 Management. Industrial Management
TH Building construction
url http://eprints.utm.my/4992/
http://eprints.utm.my/4992/1/YowKahLunMFAB2006.pdf