Pengurusan Kontrak

SBC 2522 CONTRACT ADMINISTRATION
QUESTION 1 (15%)
Discuss in detail the roles and responsibilities of the professional consultants in a
construction project.
CLIENT
PROJECT
MANAGER
RESIDENT
ENGINEER
ARCHITECT
ENGINEER
MECHANICAL
QA/QC
INTERIOR
DESIGN
ELECTRICAL
CIVIL
QUANTITY
SURVEYOR
PLANNER
PIPING
SAFETY
INSTRUMENT
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In general, there are two types of construction:

1. Building construction
2. Industrial construction
Each type of construction project requires a unique team to plan, design, construct and
maintain the project. The scope of the role and responsibilities of each team member is
built by taking into account how the actions and tasks arise for them at every major
stage in the procedure. Not all actions will be required for all projects and not all will
be equally important. However, when required, every action will have the effect of
contributing to the final result and the perfection with which will be linked to the
effectiveness of the following actions and their overall success.
Ordinarily, this responsibility consulting of a construction project specified in a
standard of form agreement between the consultant and owner. The standard form of
contract in construction projects most commonly used is PWD. Public Works
Department (PWD) is used for government projects. It covers all building and
engineering works. For private sectors and traditional general contracts, standard form
contracts used are as published by the Institute of Architects Malaysia (PAM),
Construction Industry Development Board (CIDB) and the International Federation of
Consulting Engineers (FIDIC). PAM, however, include only building work on the
project.
The act such as CIDB 2000, PAM 2006 and PWD 203A states that they need a
professional in the construction project. Professional service in a construction is
common and comprehensive. It is based upon guidelines on the memorandum of
Agreement between the client and the consultant for the professional services. This
duty also to protect the rights of the profession of industrial safety, including the
negative impact of the project. All these responsibilities will be paid by the client on a
scale of fees set by the Board each likes BEM, LAM and LJBM. Professionals in the
construction necessary to provide services to clients according the code of Professional
Conduct to ensure that no negligence of occurred in consulting services.
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CONSTRUCTION OF CONTRACT ADMINISTRATION

Under the administration of a construction contract, the consultant owes the duty of the
owner to ensure that contractors comply with the terms of the construction contract and
that it is according approved plans and specifications in construction projects. The
most conventional way for consultants to ensure that construction contracts are adhered
to through the field study site.
1.
Field Reviews
While a consultant is not expected to be at project sites at all times of a
construction project, there should be a consultant party, or similarly qualified
persons who act on his behalf, which is always at sites in all phases of the project.
Prior to the project important element concealed from the inspection, the
consultant is responsible for to ensure compliance with the project drawing and
specification.
2.
Change Orders
During the project, the drawings and specifications developed the consultant
project need to be amended after the actual construction projects have
commenced. It is not common for the consultant contract necessary have the
authority to order changes or additions to these the project. The needs for
development order may be change due to changes made to by the owner or
consultant, deficiencies in the drawings and specifications, and through of
unexpected difficulties in the physical condition the site or in obtaining the
materials necessary.
3.
Payment Certifier
Construction contracts are will usually be outlines the several phases or intervals
where the contractor shall be entitled to advance payments and amount of the
contractor entitled to for every payment. Normally once particular components
projects had been completed, the contractor may receive a payment of partial for
the finish that particular part. It is the responsibility of consultants to determining
when this phase was successfully completed by the contractor, and therefore when
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the contractor is entitled to payment for. Without the certificate consultants,

contractors shall not accept payment. Consultants should be dealing with all
claims for payment immediately. In determine whether the contractor should
receive the progress payment, the consultant need to make decisions not only
whether the work is completed and the materials submitted, but also whether
quality of the work comply with the requirements of the contract.
4. Post Completion Inspection
Consultant is responsible for to check of the project when it is completed. Such as
the fields review, these inspections after the completion is not only restricted to
visual inspection, but including the obligation to make a suitable queries of
contractors. Inspection after the completion must be comprehensive, and includes
inspection, mechanical and electrical. Once the consultant considers the work
complete, he may issue a final certificate for payment to the contractor.
PAM 2006 (Clause 26.1 (b)) states that the architect should be act independently
and carry out professional duties when confirmed. Pursuant to scale and needs of a
construction project, the roles and responsibilities of professional consultants
involved may be different from the types of contracts awarded. An example is
shown below on the parties involved in the PWD 203A form of contract where the
Bills of Quantities forming part of the contract.
It is contrary to the PWD DB, no party consultants will be employed directly by
the client. In fact, clients are using of contractors to design and build, which means
the consultant included in the package contractors. Therefore, design leadership,
design, management, administrative team and the role of inspectors of the site is
the responsibility of the contractors.
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CLIENT
The Client has multiple responsibilities, and it is normal to divide these amongst
several individuals so that the appropriate management structure can be implemented
and conflicts of interest avoided.
Client overarching responsibilities and roles are:
Responsibility for making decisions to invest in the project (Investment Decision
Maker IDM) Responsibility for the approval of the project and then provide ongoing
commitment to the project (may be the Director of Finance, Vice Principal or any
other).
High Level of ownership in project. If a senior manager in an institution that requires
project, usually the Head of Department. They will determine the scope of the project,
and responsible to the IDM for the transmission project. They will ensure that
appropriate internal structures in place to inform project, overseeing the Business Case
and project budgets, ensure that the brief is developed a clearly reflects the objectives
of the project, establish a reporting procedure, resolve issues, approve major changes to
the project and appoint a project sponsor.
Provide the appropriate interface between the Client and Team Supplies Team (Project
Sponsor), usually with the help of Project Manager (PM), will act as day to day
representative of the Client. Project Sponsor (PS) is representative of Client, which
acts as a focal point for a day to day management of the project. (For projects small /
medium, PS can also act as Project Manager) PS do not have to be a construction
expert, if supported by the PM, which requires construction experience.
Key role of PS is to have a full understanding of project, and can communicate these to
the PM and the Design Team. PS will with user input, helping to provide a summary of
the project, change control and risk. Manage the project budget and program, secure
professional services as required, determine the route of acquisition, business
management reports and provide a client contact center meeting all of the supplies
team.
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PROJECT MANAGER
A project manager is the person which is responsible for achieving the objectives set
out projects. Responsibilities of project managers including establishing a clear project
objectives and can be reached, build the project's requirements, and managing the
project management triangle constraint, which is the cost, time, scope and quality.
A project manager is often a representative of the client and to determine and
implement the real needs of client, based on knowledge of the firm they represent. The
ability to adapt to the various internal procedures party's promise, and to form close
links with the nominated representatives, is essential in ensuring that key issues of cost,
quality, time and above all, client satisfaction can be realized.
Term and the term 'project manager' are used to describe the responsibilities of the
generic one given to complete the project. However, it is more suitable to be used to
describe someone with the same level of responsibility and authority needed to
complete the project. If a person does not have a high level of both responsibility and
authority they are more represented as the project administrator, coordinator, facilitator
or expeditor.
A project manager is the person who has overall responsibility for successful start, the
planning, design, implementation, monitoring, controlling and closing a project.
Positions used in the construction, petrochemical, architecture, information technology
and many different industries that produce products and services.
Project managers must have a combination of skills including the ability to ask
penetrating questions, detect assumptions that are not specified and resolve conflicts,
as well as more general management skills.
Chief among or duties is the recognition that risk directly affects the likelihood of
success and that this risk must be both formally and informally measured throughout
the project life.
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Risks arising from uncertainties and managers of successful projects are those that
focus on this as a major concern. Many issues arise that impact the project in one way
or another from risk. Good project manager can reduce risk significantly, often to
comply with the policy of open communication, ensuring that every significant
participant has an opportunity to express their opinions and concerns.
It follows that a project manager responsible for making decisions big and small, in
any way that risk is controlled and uncertainty minimized. Every decision taken by the
project manager should be taken in such a manner that directly benefits the project.
Project managers use project management software, such as Microsoft Project, to
organize tasks and their workforce. This software package enables project managers to
produce reports and charts in minutes, compared to a few hours it can take if they do it
by hand.
Roles and Responsibilities

The role of project manager encompasses many activities including:
Planning and Determination of Scope
Activity Planning and Sequencing
Resource Planning
Develop a Schedule
Time estimates
Calculation of the cost
Develop a Budget
Documentation
Creating Charts and Tables
Risk Analysis
Managing Risks and Issues
Monitoring and Progress Report
Leadership Team
Strategic Influence
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Business Partner
Working with Vendors
Analysis of Scalability, Interoperability and Portability
Quality Controller
Benefits Realisation
Finally, senior management must support the project manager and the authorities for
them to succeed. Project managers are responsible for ensuring that everyone in the
team know and they fulfil their role, feel the power and supported in the role, knowing
the role of team members and other acts on the belief that their role will be performed.
Specific responsibilities of the Project Manager differ considerably depending on
industry, size of company, company, maturity and culture of the company. However,
there are equal responsibilities to the Project Manager, notes:
Develop a project plan
Managing project stakeholders
Manage project team
Manage project risks
Manage the project schedule
Manage the project budget
Managing the project conflict
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ARCHITECT
Architects not only design and supervise construction of buildings, but also the
prospect of building the initial advice on the type of building to be erected and the cost
of doing so. Since it is clear that the design of vanity that will only result in a building
far more valuable source of information, or to the sums provided by the owner to the
project, the architect must have at least enough knowledge of the cost in current price
of the building or other work that he can design, so that the cost of doing the design
will come in a reasonable range owner needs.
Such duties, including preparing plans and specifications and supervise or inspect the
building work to ensure that contractors comply with the building contract. An
architect engaged by the Employer to act as its agent and owes its contractual
obligations and tort frequently carrying out her duties with reasonable skill and care
expected to be competent architect. He will also owe duties when issuing a certificate
to act fairly between the Employer and the Contractor.
For the same reason, the Architect must have adequate knowledge about building
techniques to avoid building design that can only be built on the budget presented to
him by his client, or at an unreasonable cost. A person is prohibited from practicing or
carrying on business under the name of the architect, style or title containing the word
"architect" if he is not registered under the Architects Act 1997. However, while the
term "architect" is protected, there is no prohibition against carrying on the work of
architecture in the absence of registration.
In Malaysia, Rule 29 of Architects Rules 1996; provides for mandatory requirements
to enter the Architect of the agreement for professional services in accordance with the
Architects (Scale of Minimum Fees) Rules 1986, the conditions of participation in the
Third Schedule and the Memorandum of Agreement in the Fourth Schedule.
Architects are expected to comply with the Code of Professional Ethics issued by the
RIBA. Matters of professional conduct and discipline are managed by the Professional
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Conduct Committee which will investigate "professional conduct is not acceptable" or

"serious professional incompetence".
Architect Instruction (AI) as stated in PAM 2006 (Clause 2.0) standard form of
contract highlighted that contractor will require instructions, nominations, information,
drawings and details from Architect in order to complete the works by the completion
date.
PAM 2006 (Clause 2.1) standard form of contract further elaborate that the architect is
empowered to give instructions which include directions, orders and certain categories
of information which the contract expressly provides to be issued or given to the
contractor.
There are three possible of Architect instructions:1. Those contemplated by the Contract which may entitle the contractor to extra
payment
2. Those contemplated by the Contract which do not entitle the contractor to extra
payment
3. Instruction which are not contemplated by the contract at all like ordering
excessive additional work, work on another site, omission of work to have it
performed by another contractor or attempts to control.
The exercise of the power and authority conferred upon the Architect or Engineer in a
building contract comes with attendant duties and responsibilities.
The Architect's Role during Construction

Architect has a variety of responsibilities during the construction process. When the
administration building is part of the contract, the ability of architects to help create a
successful project to the planning documents, design and construction is complete. All
too often, the architect-owner relationship is terminated completed construction
documents. Some contractors want to remove the architect of their operation, see their
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presence as a nuisance and unnecessary expenses. However, the architect has a number
of other critical roles to play during construction.
Architects working in the construction industry and is involved with designing a new
building, extension or alterations to existing buildings, or provide advice on restoration
and conservation of old properties. They can work on individual buildings or the
redevelopment of a large scheme, and may be responsible for the design space and the
surrounding landscape.
Architects work closely with clients and their users to ensure that the design of the
projection corresponds to their needs, and functional, safe and economical. They
usually control a project from beginning to end and worked with several construction
professionals, including surveyors and engineers, produce drawings and specifications
that the construction team.
Performance Evaluation
It is up to the architect to observe construction to ensure, through regular inspections,
that the work site, when completed will meet the specifications of the construction
documents. Research while architects may appear to impede progress, it will ultimately
benefit all parties and the success of the project to arrange regular site review.
Architects must submit a written performance evaluation at regular intervals during
construction. By doing so, the contractor plans to avoid any deviation could be liability
problems arise in the future.
Deviation and Adjustment

Architects must submit the modifications made to the Current Project design guidance
to the Contractor. These changes are often valid for a project to adapt the actual site
conditions, correct errors and omissions remedies to document care. Departure from
the guidance documents found after the final stage they have brought to the Care Coowner with scheduling any necessary adjustments.
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Costs
During design development, Architect will usually provide an estimate the cost of
work. This estimate however may change during construction. As needs change in the
cost, it is the responsibility of Architects to update and improve the cost estimates and
share that information with contractors and owners. Estimates should always take into
account the contingency account and the potential for price increases. If the cost needs
to achieve budgetary limits, it is the responsibility of architects to propose alternative
solutions to resolve any changes to the original budget.
Site Assessment
At an agreed upon time, after completion of the project, Architect is responsible for
conducting Rating Site for the Owner. Facility operations and performance should be
considered and the architect must make a recommendation to establish and repairs if
any required. Any deficiency in care need to be addressed by the Contractor, make this
rated important for owners. On the other side, the Liabilities for any substandard work
may fall in the change of Architects, if problems in the design, highlighting the
presence interests Architecture in care. It is short sighted and creating added risks for
all parties if the architect does not have an obligation specified in the contract form
during care.
Typical work activities

Architects involved from the early stages of building projects, which can start with the
idea to develop with clients, create a budget, and assess the needs of the building and
users, and its impact in the local environment. They assist with site selection and
working closely with contractors on site, ensure that the work has been done to a
certain standard and above, building a sustainable, functional and aesthetically
pleasing. Work activities are varied but usually include:
discuss the objectives, needs and budget;
consult with other professionals about the design environment;
prepare and present a feasibility report and design proposals to clients;

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advising on practical projects;
using IT in design and project management, particularly using computer-aided

design software;
keeping within financial budgets and deadlines;
produce detailed work, drawings and specifications;
the nature and quality of materials required;
preparing tender applications and presentations;
negotiating with contractors and other professionals;
preparing an application for planning and building control department;
preparing tender documents for the contract;
manage projects and help to coordinate the work of the contractor;
controlling the project from beginning to end;
regularly visit the site to check the progress, ensure that the project is progressing
on time and to budget;
solve problems and issues that arise during construction;
ensure that environmental impacts are managed projects.
Clause Involved
The instructions provided in the various clauses of PAM 2006 are as follow:
Clause
Type of Instruction
1.4
Discrepancies and divergence between documents
3.4
Drawings and details amplifying and explaining the contract work
4.3
Compliance with statutory obligations and by-laws
5.1
Cost of amending setting out errors
6.3
Opening up for inspection and testing
6.5
Demolition, reconstruction, rectification and removal of works,

materials or goods not in accordance with the contract
8.3
Dismissal from works or persons employed
10.2
Directions issued by site staff
11.2
Order variations
11.3
Sanctioning Variations by contractor

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11.4
Expenditure of prime cost and provisional sums
15.5
Making good defects during or at end of defects liability period
21.4
Postponement or suspension of the work
27.1
Work Prime cost sums for Nominated sub-contractors
28.1
Prime cost sums for Nominated suppliers
31.3
Protective work during hostilities
32.1 (b)
War damage
33.1
Antiquities
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ENGINNER
Consulting engineering practice in Malaysia is described under section 7A (1)
Registration of Engineers Act 1967 (Amendment 2007), published by the Board of
Engineers (BEM).
7A. (1) Notwithstanding subsection 7 (1), a sole proprietorship, partnership or body
corporate may practice as a consulting engineering practice and to recover in any
court any fee, charge, remuneration or other form of consideration for any
professional engineering services rendered by him in accordance with the practice of
engineering consultancy practice carried out by virtue of this section, if it is registered
with the Board as an Engineering consultancy practice and has been issued with a
certificate of registration.
FIDIC acknowledges that the work of the consulting engineering industry is critical to
the achievement of sustainable development and the environment society.
FIDIC code of ethics outlines the extent of the consulting engineer should follow to
ensure that they are respected by society, which is judged professionally and fairly
rewarded. The basic principles are as follows:
1. In responsibility to society and the consulting industry, the consulting engineer
shall:
Accept the responsibility of the consulting industry to society.
Seek solutions that are compatible with the principles of sustainable

development.
At all times uphold the dignity, standing and reputation of the consulting
industry.
2. In term of competency, the consulting engineer is expected to:
Maintain knowledge and skills at levels consistent with development in

technology, legislation and management, and apply due skill, care and diligence
in the services rendered to the client.
Perform services only when competent to perform them.
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The consulting engineers also expected to act at all times in the legitimate interest of
the client and provide all services with integrity and faithfulness.
Impartiality: The consulting engineer shall:
Be impartial in the provision of professional advice, judgment or decision.
Inform the client of any potential conflict of interest that might arise in the
performance of services to the client.
Not accept remuneration which prejudices independent judgment.
Fairness to others: The consulting engineer shall:
Promote the concept of Quality-Based Selection (QBS).
Neither carelessly nor intentionally do anything to injure the reputation or

business of others.
Neither directly nor indirectly attempt to take the place of another consulting
engineer, already appointed for a specific work.
Not take over the work of another consulting engineer before notifying the
consulting engineer in question, and without being advised in writing by the
client of the termination of the prior appointment for that work.
In the event of being asked to review the work of another, behave in accordance
with appropriate conduct and courtesy.
Resident Engineer
A resident engineer overseeing the construction staff, such as inspectors, engineers,
administrators, project and sub-contractors. He also provides technical advice on the
design and construction of industrial buildings to the staff and management, and
estimating quantities and costs of materials needed for projects.
Companies manufacturing, construction and engineering are hired resident engineer to
work under a development project manager in defining client requirements and needs
and create special instructions for the engineering team. They oversee the project and
those responsible for quality results.
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Roles and responsibilities are listed below:1. Oversee Construction Projects

A resident engineer is responsible for one or more construction projects, and
reports the progress of work, employee actions, and the efficiency in which work
has been completed to the district engineer and district engineer of construction.
They have the ability to slightly change the program in the field, but changes or
specification or any major changes must be approved by their superiors.
2. Projects of interest
A resident engineer must project of interest, or insurance of quality testing to
ensure that project contractors properly staked. Once property has been staked
correctly, a resident engineer must notify the property owner in writing that the
interest was in place.
3. Quality Control
The other duties of a resident engineer are to ensure that all materials and
equipment used in projects that meet the required specifications. They are
responsible for ensuring that their final products meet quality specifications and
requirements of the contract. It is their duty to ensure that products meet the exact
specifications of the contract, and that all works are noted and reported accurately.
Civil Engineer
A civil engineer involved in the general responsibilities of each day. This responsibility
is an important part of their work and enable civil engineers to engage in their
profession do their best. A civil engineer is a general responsibility to analyze the
various factors related to construction work. Civil engineers will analyze the proposed
site location and the overall construction work will be completed on site. They will
analyze the process of completing the construction work every step of the way.
Civil engineers must design the construction project that will take place together with
the results they found that their analysis of the proposed project. During the process
and at the end, the civil engineer must inspect the product to ensure that all rules,
regulations and guidelines that have clearly followed.
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Specific Duties of a Civil Engineer

In the general responsibilities of the civil engineer is the task - task to be carried out
regularly, often every day. The first task is a civil engineer to inspect and analyse the
proposed project. They are not only to examine the plan itself, but will go to the site
location several times to ensure that this plan according to location and vice versa.
When they have sufficiently analysed the situation, they will write a detailed report
setting out what is acceptable and what needs to be changed before starting the project.
Once the proposed changes have been made, the civil engineer will review the plan and
the project site once again to ensure that all changes have been made as required.
A duty of a civil engineer does not end at this point. Civil engineers will follow the
project from beginning to end and make any necessary changes along the way. They
will ensure that procedures are adhered to and check the safety features when it is
completed the project.
A civil engineer will need to use different equations, applications, and figures to ensure
the correct application procedure. Goods civil engineer must take part in and use
applications including chemical testing, software design and drafting, electrical testing
devices and equipment, surveying techniques and the metric system, to name just a few
important items.
Civil engineers must also be specified according to land use laws and regulations every
step of the way. This is important as one that does not comply with the rules and such
may find that the project was stopped, either temporarily or permanently. Therefore,
the specific duty is a civil engineer to know the laws related to land use and regulations
and to follow them consistently.
A person who is a civil engineer is also the main contact on construction projects in
many cases. They will answer questions addressed to them by individuals who are
involved with construction projects and the public. While answering questions, they
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will also be responsible for supporting their statements with reports, graphs, charts and
surveys.
Mechanical Engineer
Mechanical engineer working on a project from initial brief, through design and
development stage, testing one or more prototypes, to the manufacturing end and
implementation.
Projects can vary significantly, from research and development of medical products
(such as mechanical hearts) to improve the production process at a major oil refinery or
services in building design. Duties generally include:
design and implement cost-effective equipment modifications to help improve

safety, reliability and throughput;
develop a project specification with colleagues, often including people from the
fields of engineering activities;
developing, testing and evaluation of design theory;
discuss and solve complex problems with manufacturing departments, subcontractors, suppliers and client;
ensuring that the products can be made more certain and consistent performance in
the operating environment may be prescribed;
manage projects using engineering principles and techniques;
planning and designing new production processes;
remove the particulars of specifications and outline designs;
suggested modifications the prototype test results;
using research, analytical skills, concepts and planning, particularly mathematical

modelling and computer-aided design;
consider the implications of issues such as cost, safety and time constraints;
working with other professionals, both inside and outside the engineering
specialization;
monitoring and commissioning plant and systems.
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QA/QC
Quality control during the construction process is very important to protect the owners
investment. QA/QC Process Technical Services staff may conduct inspections and tests
during the construction process; provide the project owner that the project is being
built according to specifications.
The first step in creating a need for construction QA/QC is to develop an overview of
the quality program. A quality management plan is important and the construction of
the organization should be established.
Responsibilities and authorities of the various principals in the construction QA/QC
organization should be established. These include the Environmental Protection
Agency (EPA), the project owner, engineer records, the construction manager, and
construction contractors. Included in this task is the responsibility of the Construction
Manager of quality assurance staff and contractor quality control personnel.
Contractors under consideration for this work must submit their construction QA/QC
plan for review and acceptance. Construction Manager will maintain all submittal files
through a combination of secure document filing and storage systems, and
computerized document tracking system.
General building inspection and verification requirements, including inspection, testing
QC, QA testing, establish criteria for acceptance of construction, audit, compliance
with the handling, storage, packaging, preservation, and delivery requirements, and
identification and traceability of materials.
Inspection will reveal the lack of construction. This should be identified, reported and
corrective and preventive actions taken. Handling of important documents and
retention procedures. Records must be updated daily and daily construction report
issued. QA/QC construction plan requires that all construction drawings are saved and
As-Built drawings shall be prepared and reviewed.
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For any construction activity that complies with EPA regulations require submittals and
must be approved by EPA prior to construction.
Change field for QA/QC will be limited to the construction QA/QC plan and contractor
quality control plan change. Changes to the process of construction or design plans and
specifications administered by the rehabilitation work action plan and design
procedures of change orders.
Project owner, construction manager, site manager, or officer of a quality assurance
review of the construction can begin this construction QA/QC plan. It may be revised
when it became clear that the construction QA/QC procedures or controls are not
sufficient to support the work done in accordance with the specified quality
requirements, or be deemed to be more excessive than that required to support the
work done in accordance with the specified quality requirements.
Construction plant undertaking a complex process. However, project owners are
advised to invest in QA/QC services to prevent poor quality construction that may
cause serious project delays and cost over runs strong. Processing Technical Services
has an experienced and qualified staff that is familiar with the construction QA/QC
procedure and is available to establish a construction program for your project, or to
provide support for the construction of the project team established QA/QC.
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INTERIOR DESIGN
Interior design profession who have eyes to decorate and be able to take an empty
room and make it a great one. There are many different duties and responsibilities of
the internal design implemented on a daily basis in their efforts to formulate and
present in the room was perfect.
An interior design is an individual who is planning and designing the perfect interior of
the room and provides room to see a complete whole. Interior design will consult with
the homeowner or business owner to see what kind of style they are looking to go in
their rooms. Interior design will work their magic to make the dream of home owner or
business owner a reality.
General Responsibilities of an Interior Design

Interior design has a lot of public responsibility in line with their role in the profession
of interior design. Interior design is responsible for taking client requirements and
transform desire into a room and be ready to complete their requirements. Interior
design should consult with clients, take measurements and the purchase of decorative
materials, coordinate items and decorate the room to produce a complete and finished
product.
Specific Duties of an Interior Design

Interior design necessary to solve many different tasks, but specifically in their daily
work regimen. The first thing they must participate in meetings with clients. Once the
client is procured, the interior design must be set up appointments with them to learn
about the space they will be decorating. In addition, the interior design will determine
if the homeowner or business owner to have any particular aspect in mind that they
want to relay to the internal design. Also at this meeting of the estimated price for the
completion of this work can be discussed or can be deferred until the next meeting
where the interior design has set the figures are available.
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When the internal design has been meeting with clients, they then must look to
decorated room or area and began working in the creative process. Interior design will
take measurements and get some insight on where to start and what the final decision.
The idea will begin to be taken as an interior design began to get a feel for what they
are aiming into the overall interior design.
Interior design is also responsible for buying furniture and materials to create the
desired design come together. They will shop around for items that are required, check
prices on items and try to get the best deal for clients.
Many interior designs must also be a good sketch artist. Because they will need to plan
layout with ample room and make stuff fit well in the room, it helps if they have some
artistic talent to provide a sketch to help them understand where things are going and
how it will look when it is in place.
Interior design normally does not do everything yourself. Regular internal design will
subcontract various jobs for the project. Items such as paintings, attach fixtures and
woodwork will all be subcontracted. With that said, the internal design is responsible
for shopping around for the best subcontractors and cheapest, to meet those
subcontractors on the job and supervise their work along the way.
An interior design should also meet with clients various times throughout the process.
They will meet soon to discuss the work and provide cost estimates and different times
throughout the interior design work to give them a status update, asking questions
about decoration and any others that may arise in conjunction with interior design
work.
Many interior designs are a hand to individuals across the way and will work with subcontractors from start to finish. They will help with the carpentry and painting and
decorating process of care. The role of involvement will vary from interior design to
interior design.
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QUANTITY SURVEYOR
Quantity surveyor (QS) is a professional working in the construction industry in
respect of the cost of the building. Quantity Surveyors are professionals who specialize
in the construction industry estimates the value of construction work and can also be
referred to as "Cost Engineer" or "Planning costs", although the term is used mainly on
overseas contracts. Term quantity surveyor comes from the role taken in measuring the
various resources needed to build a given project, such as labor, supervision, plant and
materials.
Quantity Surveyors are building a team of financial managers who add value by
managing the cost function, time and quality. They were trained as construction cost
consultants with expert knowledge of costs, value, labor and material prices, financial,
contractual arrangements and matters of law in the construction filed. In general, they
provide management and cost control of building and engineering projects of any scale
Quantity Surveyors use their skills to determine cost of repair work to build a small
function to evaluate the construction of new road projects of millions of pounds. They
work in a variety of projects covering all aspects of construction such as public
buildings, mining, marine defense, retail and infrastructure projects to determine the
cost of the facility.
Quantity Surveyors Regulation Act 1967 (Part III, Clause 8) stated that only registered
Quantity Surveyors and firms or bodies corporate practising as consulting Quantity
Surveyors may prepare preliminary estimates, cost plans, bills of quantities, etc.
Quantity Surveyors are involved in various stages of the construction process, usually
before construction, during construction and following completion of work. Quantity
Surveyors work with accountants, architects, engineers, builders, building owners,
developers, financiers, governments, insurance underwriters, loss adjusters, solicitors
and subcontractors. Quantity of detailed knowledge of construction costs enable them
to perform the following tasks independent of whether they work for the Client or
Contractor:
| Page 24 of 59
1. Prior to Construction:
Preparation of Feasibility Studies
Estimating to define project budgets
Analysis of the effect of design changes on the project budget
Cost planning to refine the budget as the design documents develop
Preparation of Bills of Quantities to assist in the tender process
2. During Construction:
Provision of cost control services during construction
Assessment of the contractors progress claims
Assessment of variation and delay claims
Procurement of subcontractors and labour to carry out specialist trade works
Negotiation and settlement of accounts
Monthly forecasting and cost reporting
Monthly negotiation and agreement of payments for works carried out
3. Post Construction:
Determination of the final project cost
Preparation of tax depreciation reports for investors and property owners
Expert witness reports to assist in the settlement of building disputes
The functions of the consultant quantity surveyor:

1. Traditionally, it referred to as a Contractor Quantity Surveyor (QS), Professional
Quantity Surveyor, Project Quantity Surveyor (PQS) Quantity Surveyors Private
Practice they are generally applicable to the contract, surveying and construction
cost. Methods used, however, cover a wide range of activities may include cost
planning, value engineering, value management, feasibility studies, cost benefit
analysis, life cycle cost, risk analysis, tenders, evaluation, change control, dispute
resolution, claims management, management project, estimated cost and value for
money assessment.
2. The traditional role of independent QS team of clients, architects, engineers and
contractors have given his reputation and appreciation for justice. This, combined
with his expertise in the drafting and interpretation of contract documents, allows
| Page 25 of 59
him to resolve the issues, working with the fair value of the project and keep cost,
end, to avoid disputes and ensure the effective progress of the project.
3. QS control construction costs by accurate measurement of work required on a
regular basis, the application cost and specialist knowledge to work, labor,
materials and plants needed, understanding the implications of design decisions at
an early stage to ensure that good value for money available to spend.
4. Techniques to measure the quantity of paintings, drawings and specifications
prepared by designers, particularly architects and engineers, to prepare tender
documents / contracts, known in the industry as a departure. Quantity of work
taken from commonly used to prepare bills of quantities (BQ), which is usually
prepared by Method of Measurement Standards published (SMM) as agreed by the
QS profession and representatives of the construction industry. This activity is
usually completed before the commencement of work on the traditional site (BQ),
the Contractor will put the price of this document in a competitive tender and will
be paid according to the measures carried out on site and used on each specific
work item.
5.
QS are common in many industries (not just construction) because they are the
procurement and contracting expert with the ability to adapt techniques according
to the contract or a work in progress.
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PLANNER
To ensure that projects are developed in accordance with the philosophy, vision and
values. This will be accomplished through continuous inspection and analysis of key
issues in the internal and external environment and strategic planning approach that
would reflect best practice, innovation and patient focused model of care.
Implement new models of service delivery are consistent with the direction of Health
Strategy and other relevant policies.
Ensuring the consultation, communication and discussion with relevant internal and
external stakeholders taken to achieve the best input and cooperation. Expertise and
input from clinicians and managers through all stages of the project. These include
workshops, focus groups and planning teams, and through the use of dedicated
resources including portfolio responsibilities in key departments and input from other
staff.
Facilitate development of the integrated research program and plans to improve the
facilities that enable research and clinical laboratory program. Ensuring a close
relationship between Health Services and the Department (and the rest of the major
department).
Ensure that suitable and effective representation of participation of all groups and at all
levels. Ensuring that adequate capital of consultants, appropriate information and
timely in relation to development of the design requirements.
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Clause Involved For Overall Consultant

The instructions provided in the various clauses of PAM 2006 are as follow:
Clause
Type of Instruction
2.0
Architect's Instructions ('AI')
2.1
The Contractor shall subject to Clauses 2.2 and 2.3 forthwith

comply with all instructions issued to him by the Architect in
regard to any matter in respect of which the Architect is expressly
empowered by these Condition to issue instructions.
2.2
All instructions issued by the Architect shall be in writing

expressly entitled "Architect's Instruction" ('AI'). All other forms
of written instructions including drawings issued by the Architect
shall be an AI:
2.2(a)
upon written confirmation from the Contractor entitled

Confirmation of Architect's Instruction" ('CAl'); or
2.2(b)
upon subsequent confirmation of the written instructions

by the Architect with an AI
2.3
Upon receipt of a written instruction from the Architect, the

Contractor may request the Architect to specify in writing which
provision of these Conditions empowers the issuance of the said
instruction and the Architect shall forthwith comply with such a
request. If the Contractor thereafter complies with the said
instruction without invoking any dispute resolution procedure under
the Contract to establish the Architects power in that regard, the
instruction shall be deemed to have been duly given under the
specified provision.
2.4
If the time of compliance [which shall not be less than seven (7)
Days from receipt of the AI] is stated by the Architect in the AI
and the Contractor does not comply therewith then the Employer
may, without prejudice to any other rights and remedies which
he may possess under the Contract, employ and pay other Person
to execute any work which may be necessary to give effect to such
| Page 28 of 59
instruction. The cost of employing other Person and any additional

cost in this connection shall be set-off by the Employer under
Clause 30.4.
3.0
Contract Documents, Programme And As-built Drawings
3.1
The Contract Documents are to be read as mutually explanatory of

one another. In the event of any conflict or inconsistencies
between any of the Contract Document, the priority in the
interpretation of such documents shall be in the following
descending order:
3.1 (a)
the Letter of Award;
3.1 (b)
the Articles of Agreement
3.1 (c)
the Conditions of Contract
3.1 (d)
the Contract Drawings
3.1 (e)
the Contract Bills; and
3.1 (f)
other documents incorporated in the Contract Documents,

unless expressly stated to be excluded in any of the
Contract Document.
3.2
The original tender documents shall remain in the custody of the

Architect so as to be available at all reasonable times for inspection
by the Employer and Contractor.
3.3
Immediately after the execution of the Contract, the Architect shall

without charge to the Contractor provide him with:
3.3(a)
one of the two signed original copies of the Contract

Documents;
3.4
3.3(b)
two (2) further copies of the Contract Drawings; and
3.3(c)
two (2) copies of the unpriced Contract Bills.
When necessary the Architect shall without charge to the contractor

furnish him with two (2) copies of further drawings, details, levels
and any other information as are reasonably necessary either to
explain and amplify the Contract Drawings or to enable the
Contractor to complete the Works in accordance with these
| Page 29 of 59
Conditions. If the Contractor requires any further drawings. details,

levels and any other, information, he shall specifically apply in
writing to the Architect for these it in sufficient time before the
commencement of construction of the affected works to enable the
Architect to issue instructions within a period which would not
materially delay the progress of the affected works having regard to
the Completion Date.
3.5
Within twenty one (21) Days from receipt of the Letter of Award (or
within such longer period as may be agreed in writing by the
Architect), the Contractor shall provide to the Architect for his
information, six (6) copies of the Works Programme (unless a
higher number is stated in the Contract Documents) showing the
order in which he proposes to carry out the Works. The Works
Programme shall comply with any requirements specified in the
Contract Documents. If the Works or any part of the Works is
delayed for whatever reason, the Architect may instruct the
Contractor to revise the Works Programme. The Contractor without
charge to the Employer, shall provide the Architect from time to
time with similar number of copies of any revised Works
Programme.
3.6
The Works Programme shall not constitute part of the Contract,

whether physically incorporated or not into the Contract
Documents.
3.7
The acceptance by the Architect of the Works Programme shall not

relieve the Contractor of his obligations, duties or responsibilities
under the Contract. The Works Programme may be used by the
Architect to monitor progress and the Architect is entitled to rely
on the Works Programme as a basis for the assessment of extension
of time and the effect of the delay and/or disturbances to the
progress of the Works.
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3.8
The Contractor shall keep a copy of the Contract Drawings and the
unpriced Contract Bills on the Site to be available
to the
Architect and Consultant and their authorised representatives at

all reasonable times.
3.9
None of the Contract Documents in Clause 3.1 shall be used by

the Contractor for any purpose other than the Contract. Except for
the purpose of the Contract, the parties shall not disclose any of the
rates and prices in the Contract Bills to any other party.
3.10
The Contractor shall supply and shall cause any Nominated SubContractor to supply As built Drawings and/or operation and
maintenance manuals specified in the Contract Documents and/or
Nominated Sub-Contract documents in the manner and within the
time specified therein.
Where these are
not specified. the
Contractor shall supply and shall ensure that the Nominated SubContractor supplies four (4) copies of the above items before the
Completion Date.
5.0
Levels And Setting Out Of The Works
5.1
The Architect shall determine all levels which may be required for
the execution of the Works and shall provide the Contractor with a
wing and information to enable the Contractor to set out the Works.
The Contractor shall at his own cost rectify any errors arising from
any inaccurate setting out. With the consent of the Employer, the
Architect may instruct that such errors need not be rectified subject
to an appropriate deduction to be set-off by the Employer under
Clause 30.4.
6.0
Materials,
Goods
and
Workmanship
to
Conform
To
Description, Testing and Inspection

6.1
All works, materials, goods and workmanship shall be of the

respective quality and standards described in the Contract
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Documents and required by the Architect in accordance with the

provisions of the Contract.
6.2
The Contractor shall upon the request of the Architect, provide him
with vouchers or such other evidence to prove that the materials and
goods comply with Clause 6.1.
6.3
The Contractor shall provide samples of materials and goods for

testing before incorporation into the Works. The Architect may
issue an AI requiring the Contractor to open up for inspection any
work covered up, or to arrange for or carry out any test on any
materials and goods already incorporated in the Works or of any
executed work. The cost of such opening up or testing together with
the cost of making good shall be added to the Contract Sum unless:
6.4
The provisions of Clauses 6.2 and 6.3 shall not relieve the
Contractor of his obligations to execute the work and supply
materials and goods in accordance with the Contract.
6.5
If
the
Architect
finds
any
work,
materials,
goods
or
workmanship which is not in accordance with the Contract, the

Architect shall instruct the Contractor in writing:
25.0
This clause permits the employer to determine the contractors

employment under the contract for the following categories of
defaults;
25.1
performance defaults - The employer will be entitled to

contractually determine the contractors employment as listed out in
the six (6) items under contractors defaults in the following
instances:25.1(a)
Failure to commence the Works
25.1 (b)
Suspension of Work
25.1 (c)
Failure to proceed regularly and diligently
25.1 (d)
Persistent refusal or neglect to comply with an AI
25.1 (e)
Assignment or Sub-Contracting defaults
25.1 (f)
Abandoned the Works

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25.2
Procedure for determination

This clause deals with the preconditions to giving the default notice,
the person empowered to issue the default notice, the contents of the
default notice and the agreed mode of serving it
25.3
financial defaults i.e where he renders himself incapable of carrying

out the works under the contractor
25.4
Rights and duties of employer and contractor
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CASE LAW RELATED TO CONSULTANT RESPONSIBILITIES
Highland Tower Ruling, K.L. High Court, Aug 2000

1. The Highland Towers Judgment - Civil Suit No. S5-21-174-1996
2. Dr Benjamin George & Ors v Majlis Perbandaran Ampang Jaya and other
applications [1995] 3 MLJ 665
3. Steven Phoa Cheng Loon & Ors v Highland Properties Sdn Bhd & Ors
Building Professionals require to consider the vicinity of the site as well as

the site itself in assessing safety-particularly in regard to adjacent hillslopes.
Building Professionals cannot hide behind limited scopes of engagementthese are a matter between themselves and their employer, but the scope of
| Page 34 of 59
their duty owed to persons likely to be affected by their services is not so

limited.
Building Professionals require to ensure that others engaged to do work

likely to affect the structures they have been engaged to design/supervise are
competent and will carry out their work in a workmanlike manner.
If Building Professionals hold themselves out to have expertise in a particular

area when they are unqualified, their conduct will be measured against the
ordinarily competent qualified practitioner of such expertise.
Building Professionals must ensure the law is followed, reporting to the

authorities if necessary if their clients break the law, even at the risk of being
discharged by their client.
Impact On Tort Law
Custer v. Stoops
Private Domestic Water Well in Easement Proposed for Development with Roadway
that Would Adversely Impact Well and Cause Potential Contamination. Sebastopol, CA
Ethan A. Glaubiger, attorney at law, 50 Santa Rosa Ave., 5th Floor, Santa Rosa, CA
95404, 707-578-4505 and State Farm Insurance Co.
Litigation support for case involving a proposed road re-alignment that will encroach
ona domestic water well owned by Custer & Zola. Property is located at 4996
Maddocks Road, Sebastopol in a water scarce area. Owner litigated against developer
to prevent the well from being bridged over and increasing risk of contamination and
disruption of water supply.
Crocker Creek Dam Failure Arbitration
Investigation of Failed Concrete Dam and Resulting Sediment Deposition and
Flooding in the down Stream Reach, Sonoma County, CA William K. Bissel,
Dillingham & Murphy, 225 Bush Street, 6 Th Floor, San Francisco, CA, 94104-4207,
415-397-2700
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Mr. Seeley was charged with inspecting the failed dam, downstream channel, upstream
erosion control measures, and evaluating capacity of the stream for design of channel
improvements, review of technical data on basin geology, soils and erosion potential,
including historic erosion evaluation. Consulted with public agencies, and downstream
property owner's engineer. Mr. Seeley provided recommendations for the channel
remediation and provided opinions as to the potential for future sedimentation of the
stream and potential future flooding of the downstream reach in the absence of the
dam.
Confidential Plaintiff v. Martinson, Chevron USA, et al.
Howard's U-Pump Chevron Station, 8222 Skyway, Paradise, CA Dan Blackstock,
attorney at Law, 1440 Lincoln Ave., Oroville, CA 95969, 916-534-7144, and BDI
Environmental, 129 Carlos St., Suite 2, San Rafael, CA, 415-507-0117
Technical review I project management oversight for UST removals & over excavation
remediation, & monitoring well installation and sampling. Also coordinated with
RWQCB, Butte County Health Department, and Butte Air Quality Management
District regulators. Assist in preparation of Work Plan and Corrective Action Report for
interim & long term ground water pump and treat system using submersible water
pumps and air blowers, treating the water and vapors with activated carbon canisters,
reviewing the quarterly monitoring and performance reports for the activated carbon
treatment system and the ground water and vapor treatment systems. Providing expert
witness services for defense in litigation by the owner of down gradient property
owner, and testified in court on behalf of defendant Martinson, (owner of contract
Chevron Station).
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REFERENCES
1. Notes Contract Administration Dr Emma Mustafa & Dr Maizon Hashim
2. P.W.D Form 203A (Rev. 2007) Jabatan Kerja Raya, Malaysia
3. PAM 2006 Standard Form Of Building Contract Pertubuhan Akitek Malaysia
4. FIDIC
5. LAM
6. Pemgenalan Kepada Kontrak Binaan
7. http://www.buildingdesignanalysis.com/article01_ArchRole.html
8. http://www.prospects.ac.uk/architect_job_description.htm
9. Bredemeyer, Dana, James Madison and the Role of the Architect" available on
http://www.bredemeyer.com/ papers.htm, June 1999.
10. http://www.exforsys.com/career-center/career-tracks/career-track-qualityassurance-testing.html
11. http://dcquants.co.uk/roleofqs.html
12. http://www.projectsmart.co.uk/the-role-of-the-project-manager.html
13. Wikipedia
14. Guidance for Project Sponsors and Project Managers
| Page 37 of 59
QUESTION 2 (15%)
Discuss in detail the roles and responsibilities of the contractors in construction
project.
CLIENT
PROJECT
MANAGER
RESIDENT
ENGINEER
DOMESTIC
CONTRACTOR
MAIN
CONTRACTOR
NOMINATED
CONTRACTOR
ARCHITECT
ARCHITECT
ENGINEER
ENGINEER
QA/QC
QA/QC
INTERIOR
INTERIOR
DESIGN
DESIGN
QUANTITY
QUANTITY
SURVEYOR
SURVEYOR
PLANNER
PLANNER
| Page 38 of 59
Contractor is responsible for monitoring the construction site management, vendor and
trade daily, and communication of information to the parties involved throughout the
course of building projects.
The contractor is working with the client, on the advice of Architect or Architectural
technologist. The contractor must first evaluate the specific project documents
(referred to as tender documents). In the case of modification, site visits required to
obtain a better understanding of the project. The contractor will calculate the price, also
known as a budget. Contractor considers the cost of materials and equipment and
labour costs for the owner to provide a price close to the project.
Contract documents, including budget, any general and special conditions, and master
plans and specifications prepared by design professionals such as architects. In many
instances the contractor a project engineer or project manager for construction projects.
Contractor is responsible for providing all materials, labour, equipment, (such as
vehicles and engineering equipment) and services necessary for project construction.
Contractors hire subcontractors to perform all or a specific part of the construction
work.
Responsibilities may include applying for building permits, obtain the property,
provide a temporary on-site utilities, managing staff on site, providing land surveying
and engineering, dispose of or recycle construction waste, the monitoring schedule and
cash flow, and maintain accurate records.
Here are no set qualifications to become a contractor, although most employers prefer a
master's degree. Some contractors to obtain a bachelors degree in construction
science, construction science, surveying, construction safety, or other discipline.
Contractors are often started as construction workers. While getting work experience,
they learn about aspects of different construction, including masonry, carpentry,
| Page 39 of 59
frames, and pipes. Contractors who aspire to communicate with subcontractors and can
learn management skills they need to run their own companies.
Experience in the construction industry as well as references from clients, business
partners, or former employer claimed. Some states require candidates to provide
evidence of firm financing to own their own contract.
Contractors often run their own business. They hire subcontractors to complete the
construction of dedicated and able to manage a team of plumbers, electricians,
builders, carpenters and other experts. Contractors build their businesses by
networking with potential clients, buying the basic construction equipment, and ensure
that their subcontractors complete high quality work. Contractors usually do not
complete the construction of many self-employed, but they need to be familiar with
construction techniques so that they can manage employees effectively.
The construction would not guarantee the solvency or capacity contractors, but it may
be that it is their duty to make reasonable inquiries to the solvency or efficiency /
capacity of the Contractor if he, not the employer, is responsible either directly or
indirectly to the selection of contractors selected to work, particularly in the area where
she used to practice and be expected to have local knowledge. Apart from the
possibility that the affirmative duty of care in this way, the construction professional
will be responsible to the employer if they are not careful to give a positive
recommendation in favour of the Contractor.
A building contractor is an individual who is involved in the planning, development,
and coordinate activities coincide with the building structure. Construction contractor
is an individual who supervise construction and ensure that all necessary steps taken to
produce a complete finished product.
General responsibilities of individuals involved building contractor who plan and
carry through any and all related activities associated to the construction of residential
structures, buildings or other. Building contractors run / his duties supervising staff,
| Page 40 of 59
planning how the project will carried out and completed the project in a manner
consistent with all applicable laws, rules and regulations that may be present and
associated with the construction.
The Specific Duties of a Contractor

There are tasks that many contractors must complete every day to ensure that
construction projects completed in a timely and correct. The first duty of a contractor is
to implement a plan to carry out construction projects. This is prevalent in any of the
recruitment timeline to develop step-by-step projects that will follow from beginning to
end.
In addition to carrying out the construction plans, contractor responsible for hiring,
supervising and, at times, firing employees who work on specific projects with a
contractor. Along the same lines of those supervising employees, contractor should also
take care with regard to employee salaries and wages involved in the function, or hire
someone to do so for the contractor.
Contractor is also responsible for obtaining materials for the project. Since
construction projects cannot be resolved without the necessary materials, it is up to
contractors to obtain goods for the building structure. This involves various forms of
correspondence with suppliers of materials needed.
Another specific task is the contractor to obtain all necessary licenses and permits from
the relevant authorities so that construction can begin. This variety in any of the zoning
and building permit license there are numerous laws relating to the documents that
each contractor must follow to participate in the construction.
Contractors also need to do research / her about the rules and relevant laws such as the
construction process. There are many laws that specify when, where and how the
contractor and crew to build in certain areas. It must be recognized and followed by the
contractor to complete the project in a manner that complies with the law.
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Budget issues are another matter connected with the task of contractors. contractor
must establish a budget for construction projects and follow the budget as closely as
possible. This will allow contractors to get building supplies, hire workers and
construction spending in cost-efficient manner. Start and the budget is a serious matter
which contractors have to worry because they ensure that the project will be completed
as envisaged in the beginning.
During the construction process, contractor is also responsible for reviewing progress
and implements any changes along the way. Contractors need to follow certain
building projects closely and make changes when he / she deem it necessary to do so.
Finally, contractors are individuals who deal with all emergency and shock associated
with the project and occur at the site and sometimes off-site as well. This individual is
one that many people go to their emergency needs help with new issues arising.
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TYPE CONTRACTOR
Contractors generally can be divided into three main categories:
1. The main contractor
2. Domestic subcontractors
3. Nominated subcontractor
These contractors will work together to implement the project to run smoothly and be
completed on time as provided for in the contract documents for the construction. Each
of these contractors has provided certain conditions in its implementation and the
contract was signed. All provisions of these terms have been clearly specified in a
contract document that is formed between the contractor and the virtuous.
Main contractors
The main contractor is a person who is expert and knowledgeable in the field of
construction and civil engineering works, or to both. The main contractor will be
signing the contract between the contractor and the noble or the employer. The main
contractor will carry out construction projects to completion as contained in the
contract documents. The main contractor will carry out the construction process, either
by using the energy from his own work by yourself or take nominated contractor or
both.
Domestic contractors
A domestic contractor is made up of various types of contractors who perform work in
accordance with specific trades in accordance with the expertise and capacity
respectively. Domestic contractors can be divided into three main types:
a. Subcontractor work is known as sub-contractors supplying labor and materials and
all materials and labor involved to a sub-contract work.
b. Subcontractor material which it supplies building materials for construction. It
usually will be selected by the employer, and it is known as a supplier named.
c. Labor contractor where the contractor that is due to supply contract labor to carry
out building work. It provides skilled labor, semi-skilled and less skilled.
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Nominated subcontractor
Nominated subcontractor is a subcontractor appointed by the virtuous. Contractors
carry out construction work in accordance with their respective expertise. Nominated
subcontractors usually do mechanical work and electrical and building services such
as:
a. Water supply system
b. Air conditioning system
c. Elevator and Escalator
d. Firefighting system
e. Electrical installation systems
Rights and Responsibilities of the Principal Contractor and Subcontractor

In general, the rights and responsibilities of both parties will be based on an agreed
contract between two parties. Terms of the contract involved is a contract made
between the sub-contract work main contractors and subcontractors as well as the main
contract is formed between the main contractor and employer. Terms of the contract
formed between the main contractor and subcontractor is such subcontractor will
perform all work according to drawings and specifications that are prescribed, make all
payments related to insurance and money detainees, submit a comprehensive hiring
additional conditions other if there is between the main contractor and sub-contractors.
Apart from the provisions of the contract, both parties also need to comply with low
common and statute (provision by the federal, state, local). Provisions under the
common low as tort law such as nuisance, while the statute is the provision or specific
acts for things such as social security act of 1969. In the construction industry if a
project is owned by the government then it is subject to the provisions of common law
and statute and if the project under the private ownership then it is only subject to the
statute alone. This is stated in the contract form PAM Clause 18 (1).
Rights and responsibilities should be allocated and are subject to the terms of signed or
agreed to by all parties.
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Rights
and
Responsibilities
of
the
Main
Contractor
Subcontractor
PAM form clause relating to the rights and responsibilities of the subcontractor is
Clause 27 (ag). In Clause 27 (a) (i-xi) has been allocated the rights and responsibilities
on behalf of the subcontractor.
Nominated Contractor Rights
Subcontractors have certain rights when it signed a contract with the main contractor
under the provisions of the foregoing. Among the rights which are usually present in a
contract are:
1. Have access in the performance of subcontract work
Subcontractors have the right to have access to perform subcontracting work from
the main contractor. This facility includes facilities and equipment management.
Ease of access to the equipment of equipment is the main contractor to perform the
subcontract work, while the facility is in the form of facilities management is to
get the painting subcontract work, supervision of construction services, site office
and others. If the sub-contract all right to use the facility is limited to the use of
access roads, scaffolding and electricity, and water. While having a broader right.
The right to appropriate materials and equipment and management facilities
should be given by the main contractor.
Subcontractors have the same right among them. In case of injustice to interfere
with their subcontract work may complain to the main contractor for a better
facility. However, subcontractors cannot take action in terms of the contract
because there is no specific provision. It is based on humanity and common
practice carried out by a professional.
2. Obtain payment
Subcontractors have the right to obtain payment for subcontract work performed.
Such payment shall include:
Interim payment
Additional payment in subcontract work changes
Payment of loss caused by the action of the main contractor

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Approval of this payment will be subject to sub-contract work performed. If you

do not fulfill the subcontracting contract are not eligible for payment. Rights in
respect of the payments involved are:
Appropriate amount
Duration of a payment
The methods of payment by the main contractor
These factors should be taken and considered by the contractor with the fair.
Normally payment will be made when subcontractors submit a refund claim. Right
subcontractors for this charge are clearly stated in the form of PAM Clause 27 (a)
(vii), (b), (c).
Cases the reference with respect to clause 27 (c) are:
i.
Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1973] 3

All ER 195
ii.
Morttam Consultant Ltd v Bernard Sunley & Sons Ltd [1975] Mation 197
3. Suspend executing a subcontract

Subcontractors have the right to subcontract work suspend not in accordance with
the original contract. Among the reasons is the failure to pay the main contractor
sub-contract work to subcontractors involved. Although the PAM Clause 27 (c)
has stated that if the main contractor failed to make payments directly to
subcontractors, architects will make payment directly, but this is likely to cause
problems to subcontractors such as financial problems.
Therefore subcontractors involved have the right to temporarily suspend work
until the end of the problem, as the consent of the employer and other parties
responsible for construction projects being carried out.
| Page 46 of 59
4. Obtaining Extension of Time

Extension of time can also be obtained by sub-contractors if it is due to reasonable
reasons such as natural disasters such as floods or rain do not stop the cause of
construction work cannot be carried out. Apart from the extension of time can also
be given to subcontractors in which an error or a problem that caused the delay
was caused by the main contractor for example there is no adequate supply of
building materials from suppliers of building materials were required to provide
local building materials. This is typically an extension of time is obtained if a
situation occurs that cannot be avoided as in the main contract provisions as stated
above.
PAM Form provision in respect of extension of time is the right to sub-contractors
have been clearly stated in Clause 27 (a) (v and vi) and (d) (i) and clause 27 (d) (ii)
is allocated when the problem of the subcontractor after obtaining an extension of
time.
Cases related to the extension of time are the case of Percy Bilton Ltd v Greater
London Council (1982) 20 BLR 1.
Subcontractor Responsibility
Subcontractors responsible for implementing the sub-contract work that has been given
as was promised in terms of the contract provisions between the main contractor and
the subcontractors. In PAM Clause (1) has been allocated the responsibility of the
contractor where the contractor is to complete the work properly to the satisfaction of
the employer. But for the subcontractors, they should get the job done properly to the
satisfaction of the main contractor as provided for in Clause 27 (a) (iii) where the main
contractor should be liable if the work performed by the subcontractor fails to satisfy
the boss. Therefore the responsibility of a subcontractor is in protecting the interests of
the main contractor. Some of the responsibilities of subcontractors which are usually
present in the sub-contract are:
| Page 47 of 59
1. Compliance with the quantity

Subcontract work and quantity of materials used should be in accordance with
specifications stipulated in the contract documents signed by subcontractors. This
is because to guarantee the quality of the building made secure and safe to use
with good and proper in accordance with the prescribed period. In PAM Clause 6
(1), (2), and (3) has provided clear that compliance with the quality of work and
the value is very important therefore to be an obligation on the subcontractor to
perform the material and subcontract work properly.
2. Protect the public interest
Subcontractors should always ensure that public interest is not affected by the
subcontracting of work which He did, and this indirectly it will protect the
interests of the main contractor. These interests include property damage, safety,
comfort and the like. In this case a subcontractor to insure the work to be done
then is to submit an insurance policy against the main contractor as a condition
precedent to the commencement of work. This was clearly stated in PAM Clause
(18) and (19) and Clause 27 (a) (iv), which states that the contractor must take the
insurance before starting a construction job. In PAM Clause 20 also provides that
the contractor must take insurance before starting construction work. Provisions
and conditions of the relevant law in the public interest must be followed to ensure
the safety and interests of the public.
3. Site Environmental Cleanliness
Waste or excess of any subcontract work performed by subcontractors must be
cleaned again. Subcontractors to ensure this is done at the end of sub-contracting
work without affecting other properties of the building progressed.
If not performed by main contractors are eligible to take another person to perform
the obligation and payment deductions will be made in accordance with the
expenditure incurred. However, subcontractors cannot be burdened by clearing as
a result of other work, such as other subcontractors.
| Page 48 of 59
Rights and Responsibilities of The Main Contractor Subcontractor

1. Rights of Main Contractor
a.
Check the subcontract work

The main contractor has the right to inspect the subcontract work performed by
subcontractors. Inspection may be made at any time be required if requested by
the noble or not. However, this right is subject to sub-contract work that was
carried out immediately. This inspection cannot be made on the equipment
used. However the main contractor can advise on the appropriate use of
equipment in the interest of the subcontract work. If the subcontractor fails to
perform the job well then the main contractor should be responsible if the
employer is not satisfied. It has also been clearly stated in the PAM Clause 27
(a) (iii). Therefore the main contractor is fully entitled to inspect the work done
by the subcontractor under its oversight to satisfy the employer.
b. Reject the subcontract work

Subcontract work that does not meet standards set in terms of materials used,
the completion of its completion may be rejected by the main contractor. The
main contractor is entitled to rejection as the main contractor will be
responsible on the work done by subcontractors. This rejection can be in the
form of whole or part of the relevant sub-contract work. Rejection by the main
contractor would result if subcontractors will make the work did not satisfy the
contractors or subcontractors be considered unable to complete the work
properly and PAM clause 27 (a) (vi) shall apply.
c. Rejection of payment
Reject this charge is meant to reject any subcontractor of money payable by the
employer to him. This rejection is made by a number of reasons such as
subcontractors refuse to renew insurance or refuse to meet any charges imposed
on him to whom they relate with the main contractor or the employer. Normally
the right to reject payment of part of the progress payment in the form of
money prisoners can be done. Rejection method is actually known as set-off.
This is described in the PAM Clause (20) and Clause (19) and (20) in which
| Page 49 of 59
they touched on insurance reform which set-off method is used. Despite this
rejection retentions shall not exceed the percentage provided for in the main
contract. The main contractor is also entitled to reject a payment if the
subcontractor fails to meet its obligations, either by you or by the main
contractor or other parties taken by the main contractor.
d. Take another subcontractor
The right to other subcontractors to complete the work incurred by a
subcontractor may be used by the main contractor. All payments may be
deducted from the related payments to subcontractors would otherwise be
payable first. Even so it must be stated that subcontractor had not been careful
to prejudice the interests of the main contractor of useful views and other
authorities.
In addition, the first contractor could also take other subcontractors if the
subcontractors did not have expertise in a project there are many varieties of
elements that require specific expertise.
e. Terminate the contract
Termination of contract for may be made by the main contractor if the
contractor fails to carry out the obligations which they should. Termination is
subject to large obligation accordance with the conditions subcontracts only
covers a small, but not for example do not follow instructions in terms of
quality materials and the stipulated time.
Main Contractor Responsibility

1. Coordinate Subcontractor
The main contractor has the responsibility to coordinate all subcontractors under
it. This should be done to ensure the subcontractor meets the requirements of the
work of contractors and subcontractors.
| Page 50 of 59
2. Provide working equipment

Work equipment to be provided by main contractor to subcontractors, especially
sub-contractors work. The equipment provided must be sufficient and appropriate
to the job and productive. Apart from the main contractor should also connect
subcontractor under it with the consultant. This must be done to facilitate
inspection and the recognition of the distinction of subcontractor work performed.
3. Troubleshooting subcontractors
Main contractor to resolve any complications that arise among the subcontractors.
The main contractor must advise and solve the problem if it is due to the action. It
will ensure the smooth working and the final quality level.
4. Overseeing subcontractors work
The main contractor should also periodically monitor the work performed by
subcontractors performed by subcontractors. Therefore the main contractor must
provide representative sub-contractors have progressed to facilitate the proper
information.
Rights and Responsibilities of The Contractor To Other

1. Rights and responsibilities of the contractor to its employees.
The rights of the contractor to contractor employees are entitled to employ a
comprehensive and can do a good job. If there is any employee who fails to satisfy
the contractor or the contractor who caused problems right to dismiss workers, but
according to the prior consent of the employer. In PAM clause (19) and (20) has
stated on the provisions on this matter.
Contractors must also ultimately responsible for the welfare of employees, which
the contractor must insure their employees and pay social security contributions
SOCSO. In addition the contractor shall also ensure that employees who are
employed are able to perform the job well and effectively so that the work
performed to satisfy the boss.
| Page 51 of 59
The rights and responsibilities is important as to ensure both parties can work
together and make a profit or return, respectively, commensurate with what is
given. When the both parties are satisfied then all well executed work.
2. Rights and responsibilities of the contractor against the employer
In the performance of a contract the rights and responsibilities of the parties is
often disputed and problems often arise. However, the two parties involved have
rights and responsibilities equally. In dealing with the rights and responsibilities of
contractors and employers both have a role and rights of equal importance.
The right contractor for employers is to obtain payment or consideration from the
employers work performed. In addition the contractor shall be entitled to obtain
insurance contractor can obtain insurance from the employer if the work in
accordance with Clause PAM (20) (b) and (c) which provides that contractors are
entitled to insurance work if the employer provided him with Clause (20) (b) and
(c).
Contractor responsibility on employers is to apply good work provided by the
employer until the satisfaction of the PAM, subject to clause (1) (i) and (ii). In
addition the contractor must insure all employers work to be performed. This is
subject to Clause (20) (a) where the employer has not taken any insurance work. It
is therefore the responsibility of the contractor to take the insurance.
In addition the contractor also has the responsibility and authority to investigate
and examine the information provided before entering the tender by the employer.
This is not to raise any problems that unavoidable on their responsibilities after the
implementation of this construction in progress.
3. Rights and responsibilities of the contractor to the designers.
Group is made up of designers Architects, Engineers, Quantity Surveyors and
several other professionals. They are the responsible party which translates the
ideas conveyed by the employer or into a form useful working drawings. Then
| Page 52 of 59
through these drawings so the contractor will construct and complete the works
fledged a building or other structure. The group of designers will also be dealing
with the designer and this indirectly because they do not last out the rights and
responsibilities of each.
Contractor has the right to obtain a clear drawings and better than the designers of
this. In addition the designer must ensure that the contract drawings are not in
conflict with the contract documents. Although the discrepancy between the
contracts documents with this painting, if there is no cause to blame any party
except with the employer, but the responsibility to ensure that it did not happen.
In PAM Clause (a) (2) states clearly that the responsibility of the contractor to
notify if found, but not the responsibility of the contractor to check for errors. This
problem can be referred to the case of London Borough of Merton v Stanley Huge
Leach Ltd (1985) 32 BLR 51.
Rights and responsibilities are important so that no complications will occur and
there is cooperation between the two parties.
Rights and Responsibilities of The Contractor Of Financial Institutions

On the right contractor is very important financial institutions in which it is a right
acquired by the contractor but are made in the concept of assignment. Assignment
concept is a concept where the rights of certain parties submitted to another party to
manage it. So for the right contractor or consideration earned from the employer has
been submitted assign to the first capital in the form of financial institutions to carry
out the employer. In PAM Clause (17) (a) and (2) has provided the sub-lease or assign
this.
After getting the right then the contractor must be responsible for carrying out the work
properly and satisfies the contractors. Contractors also have to deal with the financial
institution in good and should get a bank guarantee or insurance. If a contractor is not
| Page 53 of 59
much a problem with the bank then it would be nice again the bank and the contractor,
particularly to deal with it then because of the financial institution has entrusted to the
contractors.
Builder or Contractor
Land and Funding
Access and Infrastructure Works
Appointments
Competence
Other Contractors
Specialist Designers
Suppliers
Project Design
Early Contractor Involvement (ECI)
Tender
Site Inspection
Methods and Resources
Access
Risk Contingencies
Sufficiency and Correctness
Contract
Complete all Works
Commencement and Contract Period
Notifications and Claims
Monthly Statements
Site Organisation
Nominate Contractors Agent
Sufficient Superintendence
Other Contractors
Workers
| Page 54 of 59
Facilities
Consultation, Information and Training
Project Construction
Safety and Security
Principles of Prevention
Programme of Works
Methods
Temporary Works
Sundays and Night Working
Dimensions and Setting Out
Project Expenditure
Economy and Efficiency
Insurances
Attend for Measurement
Labour and Plant Records
Notices, Fees and Royalties
Cost Estimates and Quotations
Testing, Commissioning and Hand-over
Care of The Works
Samples and Testing
Information on Compliance
Defects Correction
Operation and Maintenance
Information for Health & Safety File
De-commissioning and Demolition
Information for Health & Safety File
The answers must be supported by the relevant clauses in the standard form of contract
and case law, if applicable. Full reference must be cited
| Page 55 of 59
CLAUSE
Clause
Type of Instruction
10.1
OBLIGATIONS OF THE CONTRACTOR
The Contractor shall(a)
construct, complete, test and commission the Works in accordance with

the Specifications, Contract Drawings and any other documents
specified in the Contract Documents;
(b)
perform the Works in a proper manner and in accordance with good

management practice and to the best advantage of the Government;
(c)
take all appropriate measures expected of a contractor providing similar

works to ensure that the Works comply with the requirements of this
Contract;
d)
perform the Works and discharge its obligations as contained in

this Contract by exercising professional judgment and practice, requisite
skill, care and diligence. In performing the Works, the Contractor shall
provide well-outlined procedures in the form agreed by the Government
for reporting and co-ordination purposes;
(e)
at all times perform the Works in such manner
as will always
safeguard and protect the Government's interest in relation to the W

arks and take all necessary and proper steps to prevent abuse or
uneconomical use of facilities, if any, made available by the
Government to the Contractor;
(f)
inform the Government immediately in writing of the occurrence of

any factor or event, which is likely to affect the Works. Such notification
shall not be construed as a discharge of any of the Contractor's
obligations under this Contract;
(g)
provide and maintain throughout the Contract Period such number,

categories of qualified and competent personnel necessary to perform
the Works;
| Page 56 of 59
(h)
provide and maintain at its own cost and expense all equipment and
materials necessary for the proper and effective performance of the
Works;
(i)
instruct and supervise its staffs and sub-contractor in carrying out the
Works' repairs and other works in relation to the Works;
(j)
make good any defect, imperfection, shrinkage
or any other fault
whatsoever which may appear during the Defects Liability Period; and
(k)
carry out any other obligations and responsibilities under this Contract.
14.0
PROGRAMME OF WORK
12.1
Where a programme of work is not provided by the S.O., the Contractor

shall within fourteen (14) days after the date of the Letter of
Acceptance, submit to the S.O. for his approval a programme of work
for the execution of the Works in such forms and details as the S.O.
shall reasonably determine.
12.2
If at any time it should appear to the S.O. that the actual progress of the
Works does not conform to the fixed or approved programme of work
referred to in clause 12.1 hereof, the Contractor shall produce, a
revised programme of work showing the necessary modifications to the
approved programme necessary to ensure completion of the Works
within the time for completion as defined in clause 39 hereof or any
extended time granted pursuant to clause 43.
26.1
Defaults by Employer
This clause specifies certain performance defaults of the employer,
which entitle the contractor to determine his own employment under the
contract by following the procedure specified in the clause.
26.2
Procedure for determination

The contractor has to comply with the two stage determination
procedure
26.3
Employers Insolvency
| Page 57 of 59
The employer can also default financially thereby rendering himself

incapable of proceeding further with the discharge of his obligations
under the contract
26.4
Rights and duties of Contractor and Employer

The contractor has a number of duties and rights both under common
law and under the applicable contract provisions
26.5
Records of Works
The contractor shall initiate the process of inspection and joint recording
of the Works
33.1
Antiquities property of Employer All fossils, antiquities and other

objects of interest or value which may be found on the Site or in
excavating the same during the progress of the Works shall become the
property of the Employer. Upon discovery of such objects the
Contractor shall forthwith cease work and shall not disturb the object
and take all necessary precautions to preserve the object in the exact
position and condition as it was discovered. He shall immediately notify
the Architect or the Site Staff of the discovery and the Architect shall
issue written instruction in this regard to what has to be done.
37.1
Submission of Performance Bond The Contractor shall before the Date

of Commencement of the Works, submit to the Employer a Performance
Bond for a sum equivalent to the percentage stated in the Appendix as a
security for the due performance and observance by the Contractor of
his obligations under the Contract up to Practical Completion of the
Works.
CASE
1. Davis Contractors v. Fareham [1956] AC 696
2. London Borough of Merton v Stanley Hugh Leach (1985) 32 BLR 51
3. Percy Bilton Ltd. V. Lyreator London Council (1982) 20 BLR-1
| Page 58 of 59
REFERENCES
1. Notes Contract Administration Dr Emma Mustafa & Dr Maizon Hashim
2. P.W.D Form 203A (Rev. 2007) Jabatan Kerja Raya, Malaysia
3. PAM 2006 Standard Form Of Building Contract Pertubuhan Akitek Malaysia
4. FIDIC
5. LAM
6. Buku Panduan Pentadbiran Kontrak (Edisi ketiga)
7. Pemgenalan Kepada Kontrak Binaan
8. Wikipedia
| Page 59 of 59

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SBC 2522 CONTRACT ADMINISTRATION

SBC 2522 CONTRACT ADMINISTRATION

In general, there are two types of construction:

SBC 2522 CONTRACT ADMINISTRATION

CONSTRUCTION OF CONTRACT ADMINISTRATION

SBC 2522 CONTRACT ADMINISTRATION

the contractor is entitled to payment for. Without the certificate consultants,

SBC 2522 CONTRACT ADMINISTRATION

SBC 2522 CONTRACT ADMINISTRATION

SBC 2522 CONTRACT ADMINISTRATION

Roles and Responsibilities

Planning and Determination of Scope

Activity Planning and Sequencing

Calculation of the cost

Creating Charts and Tables

Managing Risks and Issues

Monitoring and Progress Report

SBC 2522 CONTRACT ADMINISTRATION

Working with Vendors

Analysis of Scalability, Interoperability and Portability

Develop a project plan

Managing project stakeholders

Manage project team

Manage project risks

Manage the project schedule

Manage the project budget

Managing the project conflict

SBC 2522 CONTRACT ADMINISTRATION

SBC 2522 CONTRACT ADMINISTRATION

Conduct Committee which will investigate "professional conduct is not acceptable" or

The Architect's Role during Construction

SBC 2522 CONTRACT ADMINISTRATION

Deviation and Adjustment

SBC 2522 CONTRACT ADMINISTRATION

Typical work activities

discuss the objectives, needs and budget;

consult with other professionals about the design environment;

prepare and present a feasibility report and design proposals to clients;

SBC 2522 CONTRACT ADMINISTRATION

advising on practical projects;

using IT in design and project management, particularly using computer-aided

keeping within financial budgets and deadlines;

produce detailed work, drawings and specifications;

the nature and quality of materials required;

preparing tender applications and presentations;

negotiating with contractors and other professionals;

preparing an application for planning and building control department;

preparing tender documents for the contract;

manage projects and help to coordinate the work of the contractor;

controlling the project from beginning to end;

solve problems and issues that arise during construction;

ensure that environmental impacts are managed projects.

Discrepancies and divergence between documents

Drawings and details amplifying and explaining the contract work

Compliance with statutory obligations and by-laws

Cost of amending setting out errors

Opening up for inspection and testing

Demolition, reconstruction, rectification and removal of works,

Dismissal from works or persons employed

Directions issued by site staff

Sanctioning Variations by contractor

SBC 2522 CONTRACT ADMINISTRATION

Expenditure of prime cost and provisional sums

Making good defects during or at end of defects liability period