Designer`s obligations under the building Law in Malaysia and the United Kingdom : a comparative study

Abstract

With reference to the modern development and demand of the construction industry, duties and liabilities of the designing group has increased. In performing their duties, the designers has been in the firing line, where many claims were brought against them in cases of defects detected in buildings. In relation to the above, it is necessary to outline the legal duties and obligations of designers, since under the law, both in Malaysia and the United Kingdom, not all defects detected in a building will be referred back as a reason of a defective design and actionable against the designer. As such, this dissertation is targeted to identify the duties and liabilities of a designer, and to understand what sort of action can be taken against them. In addition to this, situations where no action can stand against the designer will also be studied. In this research, the method of comparative study or analytical research is applied. This method is adopted based on the fact that the English law formed part of Malaysian law. As such, it will enable the understanding of the development of the law with regards to the construction industry in both countries. In addition to this, the comparative approach adopted will reveal the drawbacks of the law, which will open the room for improvement. From this research, it can be concluded that the general law regulating basic duties and obligations of the designing group in Malaysia and the United Kingdom is similar. Nevertheless, the English institutions are more elaborate in defining the duties and obligations of the designers, in order to confer better protections to the society as well as to provide better mechanism in relation to the rapid development of the industry in the country. On this point, the difference is only on the initiative that has been taken by the English institutions, to provide better mechanism in ensuring the smooth running of the industry. This matter can be witnessed through the passing of a number of statutes, which related to the duties of designers, the publishing of a number of standard forms of building contract as well as supplementaries to the standard forms, in comparison to the statutes and standard forms available in Malaysia.