The Study of Claims Arising from Building Collapses: Case Studies from Malaysia, Nigeria, Singapore and Thailand

Abstract

Despite the fact that numerous solutions had been proffered by so many researchers to the frequent occurrences of building collapses around the world, this has not stem the tide of these occurrences. There is a clamor that all responsible parties must begin to pay damages for their roles in any building collapse incidence. This will reduce or terminate the negligent attitude at which building construction professionals and contractors in discharging their responsibilities and victims who had suffered losses in building collapse will be able to get compensation for their damages. In view of this fact, what are the causes of building collapse and claims that may arise when building collapsed. This study investigated the causes of building collapse and through relevant building collapse case laws the claims that may arise when building collapses. Through descriptive analytical techniques carried out on series of Court decision on some selected building collapse case laws, the result of the findings revealed that contractual and tortious claims were major claims that may arise from incident of building collapse cases. The study therefore concludes that owners of collapse building that has a contractual relationship with the professionals and the contractors can make both contractual and tortious claims to regain their loses and also  third parties who has no contractual relationship with the parties can also make claims under tortious, once it is obvious that they have suffered losses in the event of any building collapse.

Keywords: Building Collapse, Contractual Claims, Tortious Claims, Claimant, defendant.