Adequacy of Quality Provisions in Standard Forms of Local and International Construction Contracts

Abstract

Standard forms of contracts have been in use in the Malaysian construction industry as a means to expedite contractual and legal duties for the clients who wish to avoid expensive and complex legal endeavors to arrive at an agreement with their contractors. Various forms have been drafted by various professional bodies and organizations, both locally and internationally, to meet the demands of the local construction market for standard forms. Quality provisions are among the topics/issues covered in the standard forms. However, evidently, it is noted that the quality and its standards in the Malaysian construction industry has consistently remained as the root for many construction disputes. Whether or not standard forms of construction contracts have sufficiently cater for quality, remains a question. If the "one-size fits all" postulate does not hold especially when it comes to ensuring quality on site, the question of validity and effectiveness of standard forms becomes a pertinent one. This paper presents a study of various quality related clauses in local and international standard forms and comparisons were made among the chosen forms. Experts opinion within this field are sought as well in order to improve the robustness of this study. This paper also investigates the adequacy of the provision of these forms and suggests suitable changes to the current standard forms, where necessary, within the study.