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Modern Plain English Drafting and Construction: The Malaysian Subcontract Model Terms

Paper number
D090

What might the plain language movement have to teach the drafters of standard form contracts and of statutes concerned with construction?Sr Noushad Ali Naseem Ameer Ali discusses the benefits of plain English drafting and the negative effects of traditional approaches to the development of legal documents for use in construction, with many examples (both bad and good) from common law jurisdictions, including the Malaysian CICC Model Terms for construction subcontracts.The Malayasian CICC Model Terms of Construction Contract for Subcontract Work (May 2007 3rd reprint (revised) are appended.
Introduction - Construction contracts and drafting style - Modern legal drafting - Plain language: dying professions? - Good sense in drafting construction contracts - The way forward - Strategy 1: Use the project management approach - Strategy 2: eadability and document style - Strategy 3: Choice of words - Conclusions. Appendix: The Malayasian CICC Model Terms of Construction Contract for Subcontract Work (May 2007 3rd reprint (revised).

The author:.Sr Noushad Ali Naseem Ameer Ali PPISM, FISM, FCIOB, FCIArb, MAPM, MICS, ICECA, egQS, CDipAF (ACCA), MScArch, MSc is a UK Chartered Quantity Surveyor and Chartered Builder and an Accredited Mediator (Malaysia).He was President of the Institution of Surveyors Malaysia 2006/07.He made recommendations for a Malaysian 'Construction Industry Payment and Adjudication Act' and was the primary drafter of the CICC Model Terms.He is now doing research at the University of Auckland on adjudication.

Text 38 pages and appendix 28 pages.
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