Toxic Mold: Latest Construction Defect

Carson, S. E.

doi:10.1061/(asce)1052-3928(2003)129:3(171)

Cited by 2 publications

(3 citation statements)

References 7 publications

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“…Fraud in this case expresses that the contractor/developer has purposely misrepresented the building standard, had no intention, as promised, to obey the design plans and requirements. Fraud includes a contractor/ developer making a false statement knowingly it was incorrect with the intent of deceiving and causing harm to the client (Carson, 2003). Gunduz & Önder (2013) examine the effects of business ethics on likelihood of fraud against building contractors.…”

Section: Ethicsmentioning

confidence: 99%

“…Negligence misrepresentation occurs when the contractor promises something to the client but then fails to deliver on that promise (Gergen, 2013). Strict liability, which also falls under law of tort, occurs when the defendant demonstrates that the contractor/ developer was complicit in the construction of buildings and that there is a defect which has caused in losses (Carson, 2003). According to VanDemark & Clevenger (2020), the parties involved in drainage defects disputes based on contracts often include the client, contractor and designers.…”

Section: Ethicsmentioning

confidence: 99%

“…The data suggests that the contractor violated a fiduciary duty by failing to act reasonably in the best interests of the developer/ client for their own benefit. Another novel finding is that by eliminating and concealing elements of drainage, the contractor has shown to commit fiduciary fraud as specified by (Carson, 2003). Typically, a fraudulent act accusation can result in a voidable contract between the contractor and the developer/client.…”

Section: Underlying Causementioning

confidence: 99%

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Ethical Aspects and Legal Liabilities of Drainage Defects in Construction

Latif¹,

Mohamed²,

Schachler³

et al. 2022

IJARBSS

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Unethical practices that lead to defects in the construction industry are widespread and widely discussed globally. Drainage defects are expensive issues that hinder the free flow of water and increase the harms to structures, people and the environment. This raises the legal liabilities that construction players face for each project they embark on. The aim of this article is to enhance understanding of ethical issues, particularly those related to the construction of an open drainage system and its relationship to legal liabilities. The data was collected mainly from a naturalistic on-site observation, unstructured interviews and documents analysis. They were analysed using thematic analysis. The findings indicate how the contractor has been recognised as presenting a risk of behaving illegally and can be liable for damages or at risk of legal charges. Missing elements and improper construction of the drainage system had caused drainage failure, which ultimately had adverse financial consequences for both contractor and client. The study also shed light on the notions of ethical blindness and unethical pro-organisations, which will be useful in future empirical studies. Moreover, a greater emphasis on joint Fraud Triangle and Teleology may yield insightful results that are relevant to the attention and behaviour of various parties at the sites, including the client and the contractor, because client behaviour can put pressure on

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Section: Ethicsmentioning

confidence: 99%

Section: Ethicsmentioning

confidence: 99%

Section: Underlying Causementioning

confidence: 99%

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