ACEM - Professional Practice - Part II - Practice - 12 April 2009
ACEM - Professional Practice - Part II - Practice - 12 April 2009
ASSOCIATION OF CONSULTING ENGINEERS MALAYSIA
First Edition; 12 April 2009
This is the First Edition of ‘Lectures on Professional Practice – Part II’ which is structured around the
syllabus for Paper 1 (Common Paper) of the Professional Competency Examinations (P.C.E.).
© COPYRIGHT; ASSOCIATION OF CONSULTING ENGINEERS MALAYSIA & IR. LOOI HIP PEU
ACEM; No.63‐2 & 65‐2, Medan Setia 1, Damansara Heights, 50490 Kuala Lumpur, Malaysia
Ir. H.P. Looi; No. 23, Jalan SS21/34, Damansara Utama, 47400 Petaling Jaya, Selangor Darul Ehsan
Email: [email protected] Email: [email protected]
THIS PAGE IS INTENTIONALLY BLANK.
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1 INTRODUCTION
1.1 PROFESSIONAL ENGINEER’S PRACTICE.
‘Practice’ deals with the work flow of the Professional Engineer in the course of his work. To
adequately discharge his duty as a Professional Engineer, basic understanding of the following
topics is required.
ENGINEER’S CIVIL TORTS;
RESPONSIBILITIES TO THE CONTRACT LAW;
PUBLIC AND HIS CLIENT CODE OF PRACTICE.
SUBMISSION TO LOCAL STREET, DRAINAGE & BUILDING ACT,
AUTHORITIES UBBL, EARTHWORK BYLAW, C.C.C.
TECHNICAL EXPERTISE TECHNICAL STANDARDS,
EXPECTED CODE OF PRACTICE
The Professional
Engineer
CONSTRUCTION CONTRACT;
STAGES IN A PROJECT;
CERTIFICATION COMPLETION COMPLIANCE
Figure 1 – Defining Work Flow Topics for the Professional Engineer
1.2 STRUCTURE OF PAPER
This is the 2nd paper on the lecture series on ‘Professional Practice’. Both Parts of the lectures
are based on the syllabus for Paper 1 (Common Paper) of the Professional Competency
Examinations. The two Parts of this lecture series are:
(a) Part I – Professionalism
(b) Part II – Practice
1.3 OBJECTIVE OF ‘PROFESSIONAL PRACTICE – PART II (PRACTICE)’
Professional Practice – Part II aims to provide an understanding of the following topics, both
from a conceptual and practical view point:
(a) Introduction to Contract Law
(i) Basic concepts of Contract Law as practiced in ‘common law’ countries.
(ii) Types of construction contract.
(b) Introduction to the construction process
(i) The construction flow process and the role of the C&S engineer in the
construction flow.
(ii) Works Acceptance Procedures, concepts and process.
(iii) Certification of Completion and Compliance.
2
CONTRACT LAW– AN INTRODUCTION
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2.1 WHAT IS A CONTRACT?
Malaysian Contract Act 1950 is derived from Indian Contract Law which in turn is modelled
after British contract law.
“Contracts Act 1950 (Act 136)” in Section 2 (definition):
(a) A promise and every set of promise, forming the consideration for each other is an
agreement.
(b) An agreement which is enforceable by law is a contract.
Agreement: is when a person (the ‘promisor’) promises to do something in consideration
which another person (the ‘promisee’) agrees to reciprocate with a promise to do (or not to
do) something.
I promise to do Thank you, in return
something for for your promise, I
you. will do something to
reciprocate.
A set of promise, which
forms a consideration
for each other.
An Agreement
Figure 2 – Illustrating Agreement
2.2 CREATION OF A CONTRACT
(a) There are five key ‘tests’ in determing the formation of a Contract.
Step 1 – Offer and acceptance
Step 2 – Considerations
Step 3 – Intention to create a legal relationship
Step 4 – Legal capacity
Step 5 – Formalities
(b) Offer and Acceptance
(i) For an agreement to occur an offer must be made and the offer accepted.
(ii) An offer is considered firm if:
(1) From the perspective of the person making the offer, if the offer is sent
out to the person being offered.
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(2) From the perspective of the person offered, if the offer has being
received.
(iii) An offer is considered accepted if:
(1) From the perspective of the person making the offer, if the acceptance
of offer is received.
(2) From the perspective of the person offered, if the acceptance to offer
has sent out to the person making the offer.
(3) Silence cannot be construed as acceptance.
(iv) An offeror may revoke an offer before its acceptance.
Examples of an offer made:
(aa) A bona fide tender is deposited at the designated tender box or at the
client’s office.
(bb) A quotation has been sent to a client.
Examples of an acceptance:
(cc) If a client issues a letter of award to a tenderer.
(dd) If a client issues a letter of acceptance of a quotation.
Examples when an invitation is NOT an offer:
(ee) An advertisement to sell a car at a certain target price is not a firm offer but
an invitation to negotiate.
(ff) An auction is am invitation for price negotiation not an offer.
(c) Considerations
Consideration is also defined as a “price for a promise”. A Contract is valid if an offer is
reciprocated with a consideration; i.e. a “price” to reciprocate the promise:
(i) A consideration must be real. In common law, consideration need not be
adequate, i.e. there must be a price or payment for a promise though the
payment and promise need not be equal in value.
Example: An agreement to buy a car for RM1.00 constitute real consideration.
Example: A promisor can promise to make a payment in return for nothing. In
such a case, the promisor is NOT obligated to actually make that payment as
the consideration can be considered an “illusory promise”.
In some cases, however a promise without a real consideration may be enforced
if it can be proved that a promise results in the promisee making provision for or
rely on such a promise to be kept. Such case law is known as estoppel.
In some case, a grossly inadequate consideration may make a Contract void
(citation required by expert on this issue).
(ii) Consideration cannot be for the past.
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Example: Eastwood vs Canyon, the guardian of a young girl obtained a loan
to educate the girl to improve her marriage prospect. After her marriage, her
husband promised to pay off the loan. The judge held that the guardian
cannot enforce the agreement as the loan was taken out in the past before
the husband made the promise.
(iii) Consideration must move from the promisee.
The consideration, such as a payment, must move from the promisee (though
not necessarily to the promisor).
Example: It is considered good consideration if person A pays person B on
provision of a services by person C.
Example: Unless a Contract specifies delivery before payment of a piano and
if no payment is made by the promisee, the contract to deliver the piano is
not enforceable. However if payment is made, then enforcing the delivery of
the piano can be made. Similarly a supplier may not be able to enforce
payments if the piano is not delivered.
(d) Intention to create a legal relationship
Under English common law, an intention to create a legal relationship is a criterion for
defining contracts which are enforceable.
Example: Balfour vs Balfour; Mr. Balfour agrees to pay his wife £30 a month as
maintenance while he was living in Sri Lanka. After leaving Sri Lanka and separating
from his wife, Mr. Balfour stop payment. Mrs Balfour brought an action to the court to
enforce payment. The court of appeal held that the agreement was not enforceable as
there was insufficient evidence to suggest that they were intending to create a legal
relationship.
(e) Legal Capacities
Legal capacities refers to the capacity of a ‘natural’ person (i.e. an individual
recognised by the law) or an ‘artificial’ person (e.g. a company, organisation recognised
by the law) to enter into a Contract. When the law forbids a person (natural or
artificial) from engaging in certain activities, then any agreement or contract which
include such activities become void by reason of incapacity. A bankrupt or a person of
unsound mind would be barred from entering into contract by reasons of incapacity.
(f) Formalities
The final act of putting a contract into a written form and signing such a contract
formalise the contract. Formalities also include payment of stamp duties and stamping
the contract.
However, common law provides exception to this ruling with a board range of topics.
Oral contracts if can be proven to exist or are admitted by the other parties then such
oral contracts are enforceable and valid. Generally oral contracts may suffer from the
disadvantage of proving its validity and enforceability in court and in the absence of
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written terms and conditions a party may not be able to enforce the contract or may
have to settle for less than the original intended consideration.
However in some statute (e.g. sales and purchase of houses), the requirement of a
written contract is made mandatory. The “Statute of Fraud” requires that certain
contract must be reduced to written form:
(1) Contract for land/property transfer/sale;
(2) Contract for debt and duty
(3) Contract which requires more than one year for completion
(4) Contract for sales of good under the ‘Uniform Commercial Code’.
2.3 PRIVITY OFCONTRACT AND SETTING ASIDE CONTRACT
(a) Doctrine of Privity of Contract
Privity of Contract is a very important concept which has very wide implication for the
practice and management of construction contract.
In the Doctrine of Privity of Contract, only parties to an agreement would have the
standing to enforce it. This means that only parties named in an agreement can sue or
take action on the other party in the agreement.
Example: Person A loan money to person B. A third person C cannot sue person B for
recovery of debt even if person C is related to or has interest in the affairs of person A.
Example: A building owner has a contract to erect with a main builder. The main
builder in turns has a sub‐contract with a specialist contractor. The specialist contractor
cannot sue the building owner for non‐payment and consistently the building owner
cannot sue the specialist contractor for non‐performance or poor‐performance.
(b) Voidable Contracts and Agreement
Under Part III of the Contract Act 1950, conditions where contracts and agreements
are void or voidable are listed. However on principal of common law contract, the
generic term ‘setting‐aside’ is more useful. A contract can be set aside due to three
general reasons
Implies Contract never come
VOID into existience
Implies one or both parties
VOIDABLE declare contract ineffective.
Implies neither parties can
UNENFORCEABLE enforce the Contract in court.
Figure 3 – Setting Aside Contract
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Contracts are set aside if any of the following conditions are not met:
CONDITIONS OF SETTING ASIDE IF NOT MET SET–ASIDE
(i) Person must be competent (i.e. of sound mind and is not Void
prohibited by any law to enter into a contract).
Examples: person in a mental institution may be occasionally
sane and occasionally of unsound mind. During periods of
sanity, that person may enter into a contract. A person who is
momentarily drunk cannot enter into an agreement.
(ii) Consent between 2 parties must be mutual, i.e. they agree Voidable
upon the same thing in the same sense.
(iii) Consent must be freely given. Free consent is not present when
the following elements are present:
(1) Coercion Voidable
(2) Undue influence Voidable
(3) Fraud Voidable
(4) Misrepresentation Voidable
(5) Mistake Void
Example: A agrees to sell B a specific cargo of goods supposed
to be on its way from England to Kelang. It turns out that,
before the day of the bargain, the ship conveying the cargo had
been cast away and the goods lost. Neither party was aware of
the facts. The agreement is void.
(vi) Agreement must not restraint the marriage of any person Void
except a minor.
(vii) Agreement must not restraint any person from exercising a Void
lawful profession, trade or business of any kind.
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CONDITIONS OF SETTING ASIDE IF NOT MET SET–ASIDE
(viii) Agreement shall not restraint the right of any parties from Void
enforcing his rights in any court or tribunals.
Example: A Contract which include terms ‘the client shall have
final say on the interpretation of the contract …’ etc. may be
void.
Exceptions to this rule is on arbitration, where both parties
agree to refer to arbitration.
(ix) Agreement must be certain and capable of being made certain. Void
Example: A agrees to sell to B “a hundred tons of oil”. There is
nothing whatever to show what kind of oil was intended. The
agreement is void for uncertainty.
(x) Agreement must not be akin to a wager (bet/lottery). Void
Exception: Contract in respect of subscription to horse race etc.
(xi) In a contingent contract, the consideration is contingent and
collateral on an event; i.e. a consideration (or payment) to be
made contingent (or depending) on an event happening). Unenfor‐
(1) Event in the future is not certain ceable
(2) Event becomes or is impossible Void
Example of a contingent contract: A agrees to pay B a certain
sum if B’s house burnt down. This is a contingent contract. If
the house really burn down, then the contract is enforceable.
Example: A agrees to pay B a certain sum if C dies. However B
dies before C. The Contract is void.
Exercise:
(1) List 5 conditions or reasons when a Contract can be void.
(2) Can a Defects Liability Clause in a construction contract specify terms somewhat along
the following line:
“… In case of delay, the contractor will be penalise by paying the client double the cost of
the contract price…”
(3) If the above clause ( (2) above) is enforceable why is it so. If otherwise, will it be a
voidable, void or unenforceable condition? Explain briefly the reasons for your answer.
(4) Explain briefly the doctrine of privitiy of contract.
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3 CONSTRUCTION CONTRACT
3.1 PLAYERS IN A CONSTRUCTION CONTRACT
Figure 4 – Players in a Construction Project
3.2 CONSTRUCTION CONTRACT FORMS
(a) The Direct Contracts Form
(i) In the Direct Contract Form, all the contracts (main building and specialist
works) are directly appointed and under the contract jurisdiction of the client.
This form is the most difficult to handle but is however popular where:
(1) Project is relatively small.
(2) Client has the expertise to manage multiple contractors and
consultants. This is usually the case where the client have an
engineering department who can micro‐manage the project.
(ii) Major advantage of this form is as follows:
(1) Construction cost can be very competitive compared to all the
other forms.
(2) The client retains full control on the type of equipment, contractors
and specialist appointed for the project.
(iii) Major disadvantage of this form is as follows:
Management of this mode is difficult and require the client to have expertise
(management and technical) to successfully carry out. This mode is popular
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for small projects where the client has an engineering department to
oversee its implementation.
Figure 5 – Direct Contracts Format
(b) THE NOMINATED SUB‐CONTRACT (NSC) FORM
Figure 6 – Traditional Main Contract and Nominated Sub Contract Form
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The NSC form attempts to manage the tri‐partite relationship between the client,
building contractor and specialist sub‐contractor by reducing these relationships into a
series of two‐party contracts (the main contract and the Nominated Sub Contract).
(i) The consultants are appointed by the Client to fully design the project, advise
the client and supervise installation by the contractors.
(ii) Under this mode the client has to deal with the consultants and the main
contractor.
(iii) The client/building owner also appoints specialist sub contractor who are then
“nominated” to the main building contractor who in turns appoints the said
specialist sub contractor as the sub contractor under the main building contract.
Since the specialist sub contractor are selected by the client, they are called
“Nominated Sub Contractor”.
(iv) Common contract forms under this method are:
(1) PAM 1998 and PAM 2006 Main Contract Form and NSC Form
(PAM = Pertubuhan Arkitek Malaysia)
(2) JKR 203 and 203N Main Contract Form and NSC Form.
(v) The main advantages of this contract form are as follows”
(1) The client can retain control on the design of the building right up to
the micro aspect of the project.
(2) The client can also maintain some control on the specialist sub
contractor as select.
(3) This method requires less management expertise from the client
compared to the previously described “direct contract mode”.
However , it also allows client greater control over project
(4) Properly managed this form gives a cost effective method for obtaining
construction cost.
(vi) The main disadvantage of this mode:
(1) The client has to deal multiple contracts though the burden is
somewhat lessen by having to deal with only one contractor.
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(c) THE DIRECT SUB‐CONTRACT FORM
Figure 7 – Main Contract With Direct Sub Contract
(i) This mode follows similar contract structure as the previous main contract for.
However specialist works are directly included in the main building works. The
main contractor will therefore have to appoint his sub contract directly .
(ii) The consultants however are still directly employed by the client.
(iii) The following contract forms can accommodate the
(1) PAM 1998 and PAM 2006 Main Contract Form
(2) JKR 203 Main Contract Form.
(3) FIDIC contract form.
FIDIC = Federation Internationale Des Ingenieur Conseil
(international federation of consulting engineers).
(iv) The main advantage of this form:
(1) The client has a simpler point of reference compared with the NSC
form. He only has to deal with the main contractor instead of all the
sub contractors.
(v) The main disadvantage of this form:
(1) The client now has to relinquish control of the sub contractor
completely to the main contractor.
(2) This method is somewhat more expensive than the previous NSC
form.
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(d) THE TURNKEY/DESIGN AND BUILT Form
Figure 8 – Turnkey/ Design and Built Mode
(i) In this mode, this client only has to appoint a turnkey contractor.
(ii) The turnkey contractor (or design and build contractor), as the name
suggest will be responsible for designing and construction of the project.
(iii) Under this mode, the turnkey contractor will appoint the consultants and
specialist sub contractor.
(iv) Contract form which can be used for this format include:
(1) Treasury ‘design and built format’
(2) FIDIC design and built format
(v) The advantage of this method:
(1) Construction period can be accelerated. Tender periods are now not
required and appointment of specialist sub contractor can be greatly
accelerated.
(2) This method is suited for large engineering works which involve
proprietary technology which may not be within the expertise of
general contractors.
(vi) The main disadvantages of this mode are as follows:
(1) Construction cost is much higher.
(2) This method is also difficult to tender to collect competitive prices.
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(3) The client now relinquishes total control of the project to the
turnkey contractor.
(4) For proper management of this mode, it is advisable for the client
to appoint a consultant to oversee the works of the turnkey
contractor. However, the consultant appointed must be
experienced as they may have to:
(aa) draft performance base specifications for tender of the
turnkey contract.
(bb) Check and audit the design of the turnkey contractor. In this
case, the auditor must have enough design experience to be
able to check and audit the design of another consultant.
3.3 COMPARISION OF CONTRACT FORM
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Exercise:
(1) In the direct sub contract form, how would the consultant issue instructions on works of
specialist (e.g. water proofing) sub contractor.
(2) Why do you think the direct sub contract form has a higher contract price compared to
the NSC form? State briefly the reasons.
(3) Why do you think most clients who are engineering oriented would choose the direct
contract form?
(4) However despite being engineering oriented and have the managerial skills, some client
will prefer to choose the direct or NSC sub contract method rather than the direct
contract method. Why do you think their reasons for this choice are?
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4 THE CONSTRUCTION PROCESS FLOW
4.1 OVER VIEW OF PROJECT FLOW
(a) Before reviewing the Consultant’s workflow, a brief idea of the ‘time‐line’ of the
typical project should be understood (see figure 9 below):
Notes:
The time‐line listed above are only typical and some variations to the
flow is possible. However the sequence of statutory approval (large
red arrows) are fixed in the order shown in all cases.
Figure 9 – Project Time‐Line
(b) Feasibility Stage Before any project can be conceptualised, it must be studied in terms
of its feasibility. Feasibility includes commercial, technical viability and even socia‐
political and sales strategy. Every project (even government projects) must be studied
in terms of its feasibility. Factors to considered in this stage include:
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(ii) Economic Studies compares the cost to be spent on the project (the capital
cost). A return on the capital cost within a reasonable time frame is expected. In
some Government projects, the socio‐economic factor may outweigh return‐on‐
capital, or socio‐economic projects may act as catalyst to enhance economic
activities in backward areas. Economic studies sometimes also include the
feasibility and technicality of raising funds.
(iii) Technical Studies check the technical feasibility against the economic cost
constraint (determined in ‘economic studies’ above). This may include the
availability of infrastructure, the lie of the land and its effect on the structure.
Technical studies are sometimes not included in feasibility studies and where
included may only be a superficial.
(c) Planning Stage After deciding on the feasibility of the project and decided on the basic
concept, the planning stage kicks‐in. During this stage, the following need to be
considered:
(i) Land use conversion (if the land is not zoned for the usage planned for; e.g.
agricultural land to be converted to residential or commercial land).
(ii) Town Planning & Detail Concept After land conversion (if required) has been
successful; a town planner is brought in to draw up the broad plans of the
project. Within this procedure, an Environmental Impact Assessment (EIA) may
be necessary.
(iii) The planning stage ends with the issuance of a Planning Approval by the local
authority (the district council, town council or city hall).
(d) Key Statutory Approvals in the project time‐lines are high‐lighted in figure 9:
(i) Planning Approval (Perintah Perancangan) fixed the type, density, building
height and building ‘foot print’ of the development.
(ii) DO or Development Order or Building Approval (Perintah Bangunan) deals with
approval of detail building design. The amount of details required from the
consultant engineer varies from council to council. Some council requires detail
structural design, plumbing design and even street lighting design. In most cases
detail electrical and mechanical design drawings are not required. The DO is a
key stage in the project time‐line as actual construction on site can only
commence after DO.
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(iii) CFO or Certificate of Fitness (Sijil Kelayakan Kedudukan) is issued on completion
of building and certify fitness for occupation.
4.2 CONSULTANT’S WORK FLOW – OVER VIEW
The Consultant’s workflow procedure can generally be listed as follows:
(a) Contract Negotiation Period
Before a Consultancy Contract is clinched, the Consultant Engineer (like any other
company selling a product or service) will have to market his service. Marketing will
also have to take into account professional ethics (covering advertising, conflict of
interest, and supplanting of another professional). This paper will not go into the
mechanics of marketing and sales strategy, but suffice to say that a lot of work, effort
and money are expended before the professional engineer can start on his work. Skills
in interpersonal relationship, presentation and strategic planning are some
requirements in marketing.
(b) Contract Period; where the design and construction stages of the project commences
and complete as shown in figure 10.
Figure 10 – The Consultant’s Engineer Work Flow.
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As can be noted from figure 10 inputs and mediation are required from outside or
other parties. Management tools such as design software, office automation,
management procedures and QC/QA procedures etc. are important elements
facilitating the consultant’s flow process.
(c) Post Contract Period
The Post Contract Period refers to the period after completion of the Consultancy
Period. This period is usually after the defects liability period and final account period
(see section 9 below) which marks the end of the Consultant work. However despite
belief to the contrary, the Consultant Engineer has some obligation at the post
contract period which include:
(i) Maintaining Archives He is expected to maintain an archive of documents and
drawings of the completed works for a period (usually seven years) for statutory
purposes.
(ii) Design Liability He may sometimes be called upon to answer to a ‘Board of
Inquiry’ set up by the Board of Engineers in case of failure. In this respect, the
Consultant Engineer is said to bear a Design Liability after Contract Period. In
some countries a limitation period (called the ‘Statute of Limitation’) is placed on
the period where design liabilities extend and is anywhere from 7 years (thereby
the requirement to maintain an archive up to 7 years) or even 15 years. The
subject of ‘statute of limitation’ on design liability is still an ongoing issue in the
local industry.
4.3 THE PRELIMINARY STAGE
The actual work procedure during the preliminary may vary but the basic flow is illustrated
in figure 11. Main work activities during this stage are as follows:
(a) Capacity calculations; usually based on per unit area or population calculation.
Capacity calculations are important in determining the size, capacity and suitability of
infrastructure. Capacity calculations also include determining the capacity and size of
water and sewage based on building usage and population calculation. Capacity
calculations lead to the next two work activities.
(b) Space Planning refers to allocation of space for substation, switch rooms, plant rooms,
water tanks, lift cores etc. Space planning results from
(i) Capacity calculations (from (a) above), and
(ii) Consulting the UBBL with regards to fire requirement.
Space planning is an important activity which is required as input to the architect
preliminary design development.
(c) Preliminary Submission proceeds from capacity calculation and space planning (which
usually requires some confirmation and coordination with architectural preliminary
design development). The authorities usually include:
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(i) TNB (Electrical Supply);
(ii) Telekoms Malaysia Berhad (or the local telephone service provider;
(iii) The local water works;
(iv) The local health department (for sanitary works).
(v) The local council for roads and drainage, earth works etc.
(vi) The Preliminary Stage is usually considered complete when preliminary
approvals are issued by the authorities listed in (c) above with regards to
substation, MDF, tanks, or pump room requirements.
(vii) In some instances completion of preliminary building plans (for review by the
Client) also marks the completion of Preliminary Stage.
Figure 11 – The Preliminary Stage
4.4 DESIGN STAGE I
Design is usually divided into two stages (I and II). As design stage I and II are intimated
interlinked with other procedures such as D.O., Bomba Submission, and Building Tender
before leading to M&E Tender, the flow procedures described in both figures 12 and 13 are
© Ir. H.P. Looi (12 April 2009) Page 19 of 32
indicative only. The flow procedure can however be considered fairly typical with some
variations in sequence of specific flow.
Figure 12 – Design Stage I
Design Stage I generally proceed with detail design development. However the main works
in Design Stage I involve coordinating detail space planning with architect to finalise building
plan. Detail space planning include risers space, electrical closets, cable ducts and right‐of‐
way etc. The main activities of Design Stage I can be summarised as follows:
(a) The main focus of Design Stage I is to finalise architectural building plans and obtain
DO. DO is necessary for construction to start.
(b) In support of DO application, detail design of plumbing works (cold water and
sanitary) are usually required (depending on the local council).
(c) All M&E plant rooms, riser spaces and M&E space requirements should be finalised
within this stage for architectural plans to be completed.
(d) The architect also (in consultation with the M&E engineer) prepare plans for
submission to the Jabatan Bomba. Bomba approval is a requirement for DO.
(e) The Consultant is expected at this stage to collect detail data relevant to his design by
consulting the client, architect and the local authority concerned.
(f) Budget costing are also calculated by the QS at this stage.
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4.5 DESIGN STAGE II
(a) The main focus of Design Stage II is to finalise detail M&E plans suitable for tender.
Most of the activities in Design Stage II are an extension of the activities in Design
Stage I. In some cases, activities may overlap or be completed earlier (in Stage I) or
later (in Stage II). The main activities of Design Stage II can be summarised as follows:
(b) The main focus of Design Stage I is to finalise detail M&E plans suitable for Tender.
(c) All relevant data affecting design should be collected. This include detail data from
utility company pertaining to type, manner and location of utility connection.
(d) The main activity is detail design development.
(e) Engineer’s submission to Fire Department may be included at this stage.
In most case, M&E tender follows after building tender. However in the case of fast track
projects, M&E tender may be called together with building tender.
Figure 12 – Design Stage II
4.6 THE TENDER STAGE
Up to the end of the Design Stages, the Consultant’s work is considered to be completed
60% (and he is usually paid accordingly) and up to completion of tender stage, the
Consultant’s work is 70% complete. The Tender stage flow procedure is shown in figure 13.
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m
Figure 13 – The Tender Procedure
(a) Types of Contract
In preparing Tender Documents, the engineer is expected to check and prepare
documents based on the type of Contract:
(i) PAM Form (Pertubuhan Arkitek Malaysia)
(ii) JKR 203/203N
(iii) FIDIC Form
(iv) Other Form (Treasury “Design & Build” Contract; Custom Contract drafted by
Consultant usually for small contracts etc.).
(v) Nominated Sub‐Contract Form (usually JKR203N and PAM NSC form);
(vi) Direct Contract (usually FIDIC and other form of Contract).
(b) Method of Pricing
(i) Contract based on drawings (both sub‐form of JKR and PAM) – also commonly
referred to as a ‘lump‐sum’ contract;
(ii) Contract based on bill of quantities (BQ) (both sub‐form of JKR and PAM) – also
referred to as a BQ contract;
(c) The Tender Procedure
The Tender procedure can generally be described as follows:
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(i) Pre‐qualification (Pre‐Q) of Tenderer aims to limit the number of tenderers only
to those who are perceived to have the expertise and finance (or qualified
tenderer) to execute the Contract works. Pre‐Q follows various method:
(1) The most common method of pre‐Q involve ‘private’ selection of
qualified tenderer by the Client and Consultant.
(2) Public invitation for pre‐qualification by advertising in the newspaper.
(3) No pre‐Q exercise deemed necessary.
(ii) The tender procedure is carried out in the following manner:
(1) Pre‐qualified tenderer are required to complete the tender documents
with a priced bid and submit the bid at a common closing date and time.
(2) Public Tender is a public advertisement inviting tenderers to collect
tender documents (on the spot ‘pre‐Q’ is usually carried out by checking
that the tenderer’s registration class before allowing collection of
documents.
(d) Tender Period A period is allowed for the Tenderer to study the bid document, collect
prices and submit the documents at a fixed time and place. Tender periods ranges
from 1 week to 6 months depending on the cost of contract works.
(e) The Negotiated Tender In some case a client may choose to negotiate with only one
(or two) contractor – i.e. no tender exercise is called. Negotiated tenders are usually
called when projects required fast‐track completion. The Consultant engineer in this
case plays a role by advising the Client on fairness of rates and suitability of technical
submission.
In the tender procedure, care is taken to maintain the integrity of the tender process where
the principal should be:
The lowest tenderer who comply with the technical requirements succeed.
4.7 THE CONSTRUCTION STAGE
(a) The Construction Flow Though the Construction process is deemed only to be 30% of
the Consultant’s work, this process is the longest and has the most impact on the
Consultant liability. The Construction flow process can be an involved subject and it is
treated here only on a superficial basis.
In some cases (for engineering works of a sufficient size) a clerk‐of works (COW)
and/or resident engineer may be stationed on site to monitor the work (full‐time) on
behalf of the engineer.
Construction periods last anywhere from 6 months to 3 years or more. The typical
completion period of a project from RM30million to RM100million is about 2 years.
Figure 14 is a typical flow procedure of the construction process. All details in the
construction process cannot be shown in this chart, but some important procedures
affecting the engineer’s work are shown. The main activities during the construction
periods can be sum up as follows:
© Ir. H.P. Looi (12 April 2009) Page 23 of 32
(i) Appointment of Contractors – The Consultant advice on the issuance of a letter
of award to the contractor;
(ii) The contractor mobilises;
(iii) The construction period; some works which follows from works by main builder
are shown in figure 14;
(iv) Completion of construction is followed by testing and commissioning;
(v) On satisfactory commissioning, the engineer issues CPC (Certificate of Practical
Completion). CPC confirms that the contractor has completed his work in
accordance with the contract.
(vi) After CPC, the Consultant then submit Form G (C.C.C. forms) to the local
authorities for issuance of C.F.O.
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C.C.C.
Figure 14‐ The Construction Flow Process
(vii) The C.C.C. Procedure for application of C.F.O., in which the consultant engineer
and and the architect is responsible for issuing certificate of completion and
compliance for C.F.O. is covered in the next section of this lecture.
4.8 THE POST CONSTRUCTION PERIOD
(a) Activities in the Post Construction Period
(i) Final measurement;
(ii) Defects Liability; and
(iii) Final Account
(b) Final Measurements
On CPC, the Consultant is assist the Quantity Surveyor in verifying Variation Claims
and in the case of a BQ contract to make final measurements on site. Final
measurements aim to fixed the Contract sum at a final book value and take into
account all variations under the contract.
The QS may require to certify variation works before verifying final account and it is
the duty of the Consultant Engineer to assess and verify final remeasurements in an
© Ir. H.P. Looi (12 April 2009) Page 25 of 32
impartial and efficient manner. Final measurements should be completed within a
reasonable time frame (usually not more than 3 months from CPC).
(c) Defects Liability Period (DLP)
All contracts specify a DLP of between 6 months to 24 months. DLP of 12 months are
usual but for large projects it is not unusual to have DLP of 24 months. The DLP is a
period where any defects found in equipment, workmanship and material are the
responsibility of the contractor. A sum (usually a percentage of the contract price) is
retained during the DLP (called the retention sum). In some contract, a banker’s
guarantee or insurance warranty is accepted in lieu of the retention sum.
The Consultant Engineer’s role is to act as an arbitrator (i.e. a neutral judge) between
the client and the contractor in case of a defects. The contractor is duty bound (under
the contract) to rectify all defects during the DLP.
(d) Final Account
On completion of the DLP, the Consultant is expected to verify all that all defects has
been rectified and final payment pertaining to release of retention be made. In case of
defects which were not rectified, cost deduction to the final retained sum will be
applied.
4.9 THE QC/QA PROCEDURE – TYING UP THE ENDS
Since the last decade, quality control and assurance (QC/QA) has gain prominence as a
management tool in the Consultant’s Engineer practice. Some reasons for this trend are as
follows:
(a) Projects are getting larger in cost and the construction elements are becoming more
complicated. Compared to 2 decades ago, the typical building include new systems
such as
(i) integrated computer floors;
(ii) shear walls system;
(iii) industrialised building sysem; modular design etc.
(b) Despite the increase in size and costs, projects time are actually becoming shorter.
(c) Clients are more aware and competent in judging engineering quality, they are also
more discerning in requiring minimum quality.
The ISO9001 certification is now a standard certification procedure for pre‐qualification of
consultants. Figure 15 is template for the QC/QA procedure.
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Figure 15 – Template for a QC/QA programme
Exercise
(1) List the Stages in the development of a project.
(2) List the 3 responsibilities of the engineer at the post‐contract period.
(3) LIst 5 QC/QA procedures for structural works during the construction period (one would be
inspection of mill certificate for structural steel).
(4) When is the consultant engineer required to confirm the size and capacity of septic tank or
sewage treatment plant and why at the stage named?
(5) What do you understand by completing structural design suitable for submission to local
authorities for Building Approval in Design Stage I and design completion for tender in
Design Stage II? List in brief point form.
© Ir. H.P. Looi (12 April 2009) Page 27 of 32
5 CERTIFICATION OF COMPLETION AND COMPLIANCE (C.C.C.)
5.1 OVERVIEW OF C.C.C.
(a) C.C.C. is a procedure which effectively came into force in April 2007, where the
Certificate of Fitness for Occupation (CFO) previously issued by the local authority is
now issued by the project’s Principal Submitting Person (PSP). The PSP (depending
on the project) can be a Professional Architect, Professional Engineer or a Registered
Building Draughtsman.
(b) C.C.C. was introduced to cut down on red tapes and ensure timely completion of
houses and buildings. Previously C.F.O. was issued by the local authority on receipt
of Form E (UKBS) which is an application for the issuance of C.F.O. This system was
plagued by many problems such:
(i) Delay in certification by agencies and technical departments;
(ii) Shortage of qualified officers to process C.F.O. application;
(iii) Additional conditions imposed by local authorities or agencies at time of C.F.O.
application;
(c) Role of Local Authorities (Pihak Berkuasa Tempatan of PBT) under C.C.C.
The PBT will receive, process and approve planning permissions and building plans
under a more efficient and expeditious regime of ‘One‐Stop‐Centre’ (OSC) launched
in 2007 for the whole country. Under C.C.C., the PBT can
(i) authorise site inspection on their own initiative, or
(ii) act on complaints to check works in progress,
(iii) issue notice (in writing and through the OSC) to the PSP not to issue the C.C.C.
(iv) take action to rectify any continuous breach or divergence including reporting
to the relevant Professional Boards.
(d) Building Plans approved before 12 April 2007 are not covered under C.C.C.
procedures and said projects may be certified in accordance with the old method of
C.F.O. issuance by the local authority (P.B.T.).
(e) Role of PSP in issuing C.C.C.
The following responsibilities and issues must be addressed by the P.S.P.
(i) The P.S.P. is the principal officer under this procedure. He will therefore have
to ensure that all Form Gs (under C.C.C.) must be duly filled and certified and
all conditions fulfilled before C.C.C. can be issued.
(ii) It is advisable for the P.S.P. to ensure that all contractors are properly
registered with CIDB and with the relevant licensing agencies (e.g. electrician
with Suruhanjaya Tenaga, plumber with SPAN etc.) and contractors are duly
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informed as early as possible about their respective obligations and early
certification required under C.C.C.
Failure to comply is a serious offence!
(f) Conditions, Certifications or Clearance required before a P.S.P. can issue C.C.C. can
be listed as follows:
(i) The project work to be completed in accordance with the approved Building
Plans (in case of variation, the P.S.P. should issue revision to or As‐Built
building plans).
(ii) The P.S.P. must have supervised the works or is satisfied with the supervision
of the works.
(iii) All Form Gs shall be fuly filled, certified and in conjunction confirmation that
supply/connection to six essential services department are in order:
(1) TNB (confirmation of electricity supply);
(2) Water authorities (confirmation of water supply);
(3) JPP (confirmation of sewage connection or treatment plant
completion etc.);
(4) JKKP (clearance from ‘Factory and Machinery Department’ of lifts,
hosts and escalators, if applicable);
(5) Bomba (clearance for active fire systems, except for residential
buildings not exceeding 18m height); and
(6) Roads and Drainage department (clearance for R&D).
(iv) C.C.C. can only be issued after the conditions above are met.
(g) Under C.C.C. the PSP’s main tasks are as follows:
(i) prepare and present planning and building plans to the PBT for approval
(ii) inform PBT of the commencement of construction works on site
(iii) supervise construction works at site and ensure that laws and technical
conditions of the PBT are followed,
(iv) report any building breaches, explain reasons of breach and perform recovery
action in the event of breach during construction
(v) present work‐resumption notice to the PBT
(vi) ensure Form Gs are duly certified at the various stages of works
(vii) issue C.C.C. to the owner upon satisfactory completion of the works and
obtaining clearances or confirmation from the six essential service
departments
© Ir. H.P. Looi (12 April 2009) Page 29 of 32
present a copy of the CCC (together with all Form Gs) to the PBT and the
Professional Board within 14 days of its issuance
(h) C.C.C. and Vacant Possession. The CCC system ensures that Vacant Possession (VP)
can be issued together with CCC. This will overcome problems previously associated
with CFO where homebuyers receive the house keys (upon submission of Form E)
but cannot move into the houses because the CFO has not been issued.
With the introduction of the matrix of responsibility (Form Gs), there will also be an
improvement in the accountability and responsibility aspect as action can be taken
on the responsible party in the event of failure or flaws in the building. Thus, work
quality can improve.
(i) Increase Penalties for Offence There are increased penalties for offences. Under the
amendment to the Street, Drainage and Building Act 1974 (Act 133), the penalty for
the offence of not abiding by the orders of PBT is increased for general penalty and
includes imprisonment for term not exceeding three years and a fine of up to
RM10,000. Under the Uniform Building By‐Laws, the parties that issue Form Gs and
CCC without complying with the provision of the Acts can be sued and reported to
the controlling professional bodies. Both the Architects Act 1967 (Act 117),
Registration of Engineers Act 1967 (Act 138) have been revised to provide for stricter
disciplinary action on professionals by increasing fines, extending the duration of
membership suspension and cancellation of membership.
(j) Submission of Form G1 to G4 in stages to the PBT for their information or should
these be submitted only when the PSP issues Form F (CCC) together with all the
Forms G1 to 21?
Based on provision of the UBBL, there is no requirement to submit Form G1‐G4 to
the PBT earlier or separately as all the 21 Form Gs are only required to be attached
with Form F/F1. However, at a recent meeting with Ministry of Housing and Local
Government and as per their last published guide book, the ministry has requested
for the PSP to notify the PBT upon certification of Form G1‐G4 as an interim measure
(so that the PBT can decide whether they would wish to inspect the site at those
stages of completion). The PSP only needs to notify the PBT and there is no need to
submit Forms G1‐G4 earlier.
(k) Should the relevant Form Gs be endorsed by the main contractor or the building
contractor who happens to be a sub to the main contractor of a project?
The main contractor who enters into the contract to construct the building should be
the party to sign the Form Gs. Please take note that the board has since published a
Guide to Filling Up Forms F/F1 and Form Gs where the signing parties are clearly
identified.
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(l) In a Turnkey /Design and Build project where the contractor is not the building
contractor, who should endorse the Form Gs ‐ the main contractor or the building
contractor as both are CIDB registered contractors?
The "Turnkey contractor' who enters into the Design and Build contract, regardless
of whether the PSP is engaged by him or by the owner, shall be the party signing the
Form Gs. He can choose to employ any sub‐contractor to carry out the various parts
of the building construction but he will remain the party accountable.
5.2 FORMS UNDER C.C.C.
(a) Types of Forms under C.C.C.
(b) FORMS GS
(1) Form G 1 (Approved Plans) Stage Certification: Earthworks
(2) Form G 2 (Approved Plans) Stage Certification: Setting Out
(3) Form G 3 (Deposited Plans) Stage Certification: Foundations
(4) Form G 4 (Deposited Plans) Stage Certification: Structural
(5) Form G 5 (Approved/Deposited Plans) Stage Certification: Internal
Water Plumbing
(6) Form G 6 (Approved/Deposited Plans) Stage Certification: Internal
Sanitary Plumbing
(7) Form G 7 (Submitting Engineer’s Endorsed Plans) Stage Certification:
Internal Electrical
(8) Form G 8 (Approved/Deposited Plans) Stage Certification: Fire Fighting
(Passive)
(9) Form G 9 (Approved/Deposited Plans) Stage Certification: Fire Fighting
(Active)
(10) Form G 10 (Submitting Engineer’s Endorsed Plans) Stage Certification:
Mechanical Ventilation)
(11) Form G 11 (Submitting Engineer’s Endorsed Plans) Stage Certification:
Lift Escalator Installation
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