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...

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Main Author:	Mohd Suhaimi Mohd Danuri
Format:	Article
Published:	Fakulti Undang - Undang 2006
Online Access:	http://journalarticle.ukm.my/1679/ http://journalarticle.ukm.my/1679/

id	ukm-1679
recordtype	eprints
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
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
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
format	Article
author	Mohd Suhaimi Mohd Danuri,
spellingShingle	Mohd Suhaimi Mohd Danuri, The proper ways of assessing damages for defective building works
author_facet	Mohd Suhaimi Mohd Danuri,
author_sort	Mohd Suhaimi Mohd Danuri,
title	The proper ways of assessing damages for defective building works
title_short	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_sort	proper ways of assessing damages for defective building works
publisher	Fakulti Undang - Undang
publishDate	2006
url	http://journalarticle.ukm.my/1679/ http://journalarticle.ukm.my/1679/
first_indexed	2023-09-18T19:34:01Z
last_indexed	2023-09-18T19:34:01Z
_version_	1777405150125621248

The proper ways of assessing damages for defective building works

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