Comparative Analysis of Defects After Completion Clauses in PWD 203A and PAM 2018

Umi Amirah Zulkifli, Mohd Saidin Misnan, Hamizah Liyana Tajul Ariffin and Naqiyatul Amirah Mohd Said
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Umi Amirah Zulkifli: Department of Quantity Surveying, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor, Malaysia
Mohd Saidin Misnan: Department of Quantity Surveying, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor, Malaysia
Hamizah Liyana Tajul Ariffin: Department of Quantity Surveying, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor, Malaysia
Naqiyatul Amirah Mohd Said: Department of Quantity Surveying, Faculty of Built Environment and Surveying, Universiti Teknologi Malaysia, 81310 Johor Bahru, Johor, Malaysia

International Journal of Research and Innovation in Social Science, 2024, vol. 8, issue 10, 2531-2552

Abstract: This study presents a comparative analysis of the defects after completion clauses in PWD 203A and PAM 2018 standard form contracts, commonly utilized in the Malaysian construction sector. The research aims to examine the implications of contractual variations on defect management and project outcomes, addressing an identified gap in current understanding. This is review paper and conducted a systematic literature review and thematic analysis of relevant clauses to examine the key differences and similarities between these contract forms in their approach to post-completion defects. The research objectives include identifying and analyzing the stipulated clauses, highlighting key differences and similarities, and evaluating potential implications for project stakeholders. Findings revealed significant variations in defect definitions, liability periods, and rectification procedures between PWD 203A and PAM 2018. These differences have substantial implications for risk allocation, project management strategies, and dispute resolution processes. The study enhances the existing information by elucidating the legislative framework regulating post-completion defects in Malaysia and provides significant insights for industry professionals and policymakers. The research underscores the importance of careful contract selection and tailored defect management strategies to enhance project outcomes and stakeholder satisfaction in the Malaysian construction sector.

Date: 2024
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