A case study into the language structure of construction standard form in Malaysia

摘要

Different interpretation could denote a dispute regarding the contractual obligations and expectation between the contracting parties. This paper addresses the need for clarity of standard form in Malaysia. Hence the objectives are to identify the problems in the language structure of standard form from the viewpoint of professionals, and the measures for improving the language structure of standard form. The research aims to mitigate or prevent construction disputes through better interpretation and understanding of construction contracts, and it offers a proactive approach to avoid the inevitability of conflicts occurring in a project. The data collection was mainly by questionnaire survey. Two experts from construction contracting were appointed to approve the questionnaire design and verify the research outcomes. The results identified eight clarity aspects and three legalese problems of language structure in PWD 203A (Rev. 10/83) Form. Besides, twelve out of thirteen measures were agreed upon by the respondents as to ways for improving the language structure. It is concluded that clarity needs to be considered in future contract drafting towards the understanding of standard forms, and thereby to contribute to the avoidance of disputes.