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Disputes arising from vaguely defined contractual responsibilities in building services maintenance contracts

Joseph H.K. Lai (Joseph H.K. Lai is a Lecturer at the Department of Building Services Engineering, The Hong Kong Polytechnic University, Hunghom, Kowloon, Hong Kong SAR, China.)
Francis W.H. Yik (Francis W.H. Yik is a Professor at the Department of Building Services Engineering, The Hong Kong Polytechnic University, Hunghom, Kowloon, Hong Kong SAR, China.)
Phil Jones (Phil Jones is a Professor at the Welsh School of Architecture, Cardiff University, Cardiff, UK.)

Facilities

ISSN: 0263-2772

Article publication date: 1 January 2004

2645

Abstract

A clear definition of the responsibilities of the contracting parties is crucial to any contract. However, many building services maintenance contracts contain vague terms that are often causes of disputes, suspension of work, unsatisfactory performance and financial losses. Common vague contract terms include those that require the contractor to be responsible for any replacement and restoration work arising from “fair wear and tear” and “vandalism”. Reports the findings of a survey of maintenance practitioners’ interpretations of these terms, and their experience with the use of such terms in building services maintenance contracts in Hong Kong.

Keywords

Citation

Lai, J.H.K., Yik, F.W.H. and Jones, P. (2004), "Disputes arising from vaguely defined contractual responsibilities in building services maintenance contracts", Facilities, Vol. 22 No. 1/2, pp. 44-52. https://doi.org/10.1108/02632770410517942

Publisher

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Emerald Group Publishing Limited

Copyright © 2004, Emerald Group Publishing Limited

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