CONSTRUCTION LAW (QSB 4414)

Topics: 

1. Principles of Building Contract, 
2. Standard Form of Building Contract,
3.  Sub-contractors and Suppliers, 
4. Litigation, Arbitration, Adjudication and Mediation, 
5. Written Documents, 
6. Obligation of Parties : CQS Memorandum of Agreement, 
7. Remedies For Breach
8. Contractual Claim
9. Tort
10. Law Relating to Payment
11. Laws Relating to Land : National Land Code 1965 
12.  Construction Statues (UBBL)

This subject is lectured by Sr. Eddie Lim Sek Cheon who is a Fellow of The Royal Institution of Chartered Surveyors (FRICS), Member of the Royal Institution of Surveyors Malaysia (MRISM)  and etc. Furthermore, Sr. Eddie Lim is also a Member of Malaysian Institute of Arbitrator (MMI.Arbs).

In these 14 weeks lectures, I able to understand the general principles on the formation of a contract and remedies in the event of breach which is really useful on my future career to be able to give recommendations or remedies to client.

During the first coursework, which required us to do a seminar by presenting a particular topic in the tutorial class with another course mate. The topic of me and my course mates, Aieshah and Naeela was Lecture 9: Tort

Before producing this seminar, Sr. Eddie Lim had been taught for once during lecture. Hence, it got me easier to go through this seminar. After this seminar, I able to know into details what are the contractual relationships between Employers, Contractors, Sub-contractors & Suppliers and also the use of collateral warranty. Furthermore, it was a good interaction section with course mates by asking them questions for the seminar.

In the next coursework, a group of 9 students were formed to complete the assessment of contractual claims. We were required to certify the claim by giving our recommendations with reasonable grounds for the contractor claims for work done, claims by subcontractors, suppliers and consultants, head-office overheads and loss of profits and other cost such as finance cost due to termination by client.

Through this assignment, I found that it was really useful for me to know how to certify claims submitted by contractor with good judgement in the future. During this assignment, we found that there are some tricky parts of the question which confused us whether shall we certify the contractor for the amount that they claimed. Unreasonable claims or ambiguities of  claims shall not be certified easily and required them to proof.

During assignments or even lectures, there aren’t easy to be fully understanding the terms so external books are pretty useful for us such as <Construction Law In Malaysia> by Sundra Rajoo and Harbana Singh KS and <Law and Practice of Construction Contracts>4th Edition by Chow Kok Fong.

Construction Law is very interesting and useful subject as I was taught various laws related to the construction industry including land law and construction statues. Furthermore, I shall be able to apply these knowledges on the principle of law in administration of contracts and contractual claims by providing evidence of reasonable advices in relation to contractual claim and avoid discrepancies of various contract documents in the future.

Recommended books:

<Construction Law In Malaysia> by Sundra Rajoo and Harbana Singh KS

<Law and Practice of Construction Contracts>4th Edition by Chow Kok Fong.

DEVELOPMENT ECONOMICS (QSB 4223)

Topics:  

1. Introduction of Development Economics,
2.  Property Development, 
3. Property Investment, 
4. Development Appraisals, 
5. Factors in Property Development,
6. Development Finance,
7. Cost Benefit Analysis, 

This subject is lectured by Mr. Ho June Khai while the tutorial class is carried out by Ms. Dianne Kok Hui Wei. Both of them have been taught us from the previous semester, Building Economics [QSB 3214].

From the learning of previous subject, Building Economics; I have the basic knowledge of economics in building construction. In this subject, the topic that got me most interested is Lecture 3: Property Investment. According the National Land Code 1965, there are 3 main types of land use which are Agriculture, Building (residential & Commercial) and Industry.

It is based on the developer whether to make the land use to which sector and also what are the main objective for the development such as for use, investment or development. However, there are different factors and features of physical property will influence the developer to make decision on which sector to invest. Hence, it is not investing by only based on the developer interests but also have to consider different factors and features.

Besides that, in the only coursework, we were required to do analysis of the number of units for each type of houses can be built for the proposed development project, financial appraisal of the project using the Residue Method of Valuation, Cash Flow of the project based on “Sell-then-Build” concept and at last, we need to give personal comment on the viability of the project with a twelve percent (12%) cost of capital and also comment on the cash flow and viability of the project if based on a “Build-then-Sell” concept. Lecture 4: Development Appraisals is very useful for this assignment.

When we first started doing the project, we had the difficulties in calculating the number of units for each type of houses due to the mistake calculation of the total land area. On the next spot, we felt thankful for another group reminded us to find the details of “Schedule G”. Very thankful for the another group for giving us a hand when we were facing difficulties. It was not easy for us to complete this project due to the unfamiliar of doing projected cash flow. However, it was a good chance for us to do it so that in the future we at least have been practised from this coursework.

In this project, we were in good cooperation within group members because we discussed and produced the whole project together in the computer lab. Ultimately, our group achieved a successful outcome because we faced the difficulties and solved them together. Furthermore, this also shows that how good socialization could help you for solving problems. In the future career, it is good to apply this spirit to the road of success.

COST VALUE ENGINEERING (QSB 4214)

Topics: 

1. Introduction to Value Management, 
2. Definition of Value Management, 
3. History and Philosophy of Value Management, 
4. Distinction Between Value Engineering, 
5. Value Management and Value Analysis, 
6. Concept of Value, Cost, Function and Worth, 
7. Unnecessary Cost, 
8. Implementation of Value Management, 
9. Value Management Tools and Techniques, 
10. The Job Plan and Workshop, 
11. The Facilitator, 
12. Benefits of Value Engineering 

This subject is lectured by Mr. Lee Wing Tey which he had also teaching us in the previous semester, Financial Management [QSB 3413]. Mr. Lee is a certified Value Manager so he is able to tell us why value management should be implemented in Malaysian Construction Industry.

In these 12 lectures series, I have learned to identify the appropriate time to carry out Value Engineering through out different construction phases and the importance role of a facilitator in Value Engineering process.Furthermore, I also able to recognize and recall the evolution process and contribution of the Value Engineering practice in construction. On the other hand, I also learn how to differentiate the ‘ unnecessary cost’ and why value management is not a ‘cost cutting’ exercise.

We were required to do a group assignment with 30% of overall marks in this subject which titled as “Case study report for project implementing Value Management in the Construction Industry”. A group of 8 students was formed. 

There are 8 chapters in the report:

• Introduction
• Executive summary of project under study
• The result of Functional Analysis
• Sketches before and after design showing proposed changes
• Technical data supporting the selection of alternative
• Cost analysis
• Action plan
• Conclusion and recommendation

Since there are so many group members in this assignment, I was assigned to do the part of the proposal design.  Due to this is a group assignment with so many members, cooperation between group members might be at risk because of the perception of unfairness such as unequally difficult task to all team members. However, our group had solved this problem by sharing the difficulties to each other and whoever knew how to do it, would give a hand. This is good to see a really good team work which I need to implement this kind of team work in the future.

RESEARCH DISSERTATION (QSB 4914)

• Research Proposal
• Literature Review
• Research Methodology
• Data Analysis
• Conclusion and Recommendation

Research Dissertation is lectured by Miss Theong May Chuan while my tutor is Mr. Kam Kenn Jhun. We were required to choose our own title and do research based on our own interest, By the time we need to submit our chosen title, I have finalised my title as “Housing Satisfaction Perceived by the Residents of Low-Cost Flat in Bandar Sunway”.

It was kinda hard for me to start everything because this is my very first time to do this kind of research which need proper citation by using Harvard Referencing and have to do a lot of researches on a selected topic. Started by searching a lot of journals and suitable news for my topic which is really interesting because that was my first time to know what are the actual issues in Malaysia’s Construction Industry.

During the semester 5, we all needed to complete the research proposal and also literature review. After the research proposal and literature review were both checked and amended repeatedly to meet the satisfactory of tutor, I proceeded to the next chapter which is research methodology.

After that, questionnaire was set up and ready to distributed to the residents of Low-Cost Flat PJS 7/15  during the 3 months holiday from January to March 2013. It took me a month to collect all the data and 2 weeks time to analyse and produce all the data in figures and tables when the final semester started. Thank you for all the contractors who responded my questionnaire.

For the last step of this research dissertation, we were required to conclude and give recommendations on the issues that have been analysed. By the time I handed my research dissertation to first and second reader, it felt like my twin babies were finally born.

At last but not least, I really feel thankful for my tutor, Mr. Kam Kenn Jhun for teaching me patiently when I was facing hard times in my title by giving me lots of suggestions and comments. Thank you very much!

Facilities Management (QSB 2443)

Facilities Management 

PORTFOLIO SEMESTER 5

LECTURER:

MR. ANDREW CHEONG

    Facility Management is an elective subject in my semester 5. There are few that we could choose such as sustainable housing, Industrial Building and few other but I decided to take this subject instead. 

  This subject is taught by Sr Andrew Cheong. Facility Management take up 2 hours lecture and 2 hours tutorial every week. This subject has taught me the role of facility manager. Beside that we also learn about how to organize and coordinate buildings.

   We look into many things that are related to a complete building for instance the trouble that a building manager face and how to overcome those problems and who to complain to if it happens . This has open open my eyes in seeing things that we have to take precaution before we construct a building for a long term use .

    There are also other things that we have looked into such as the authority that take charge in Malaysia such as Tenaga National Berhad, Dewan Bandaraya Kuala Lumpur, Majlis Perbandaran Petaling Jaya and many more. Facility Management is also important in order to keep a certain building clean and well maintained . 

   Buildings are also divided into few types, there are high maintenance, low maintenance and it all depends on area, finishing quality, selling price and located area. Facilities in building are very important to be maintain, and maintaining building is not as easy and as cheap as we thought. It would takes a lot of money to maintain it . 

   We are given a group assignment to do and this group assessment cover 100% of marks because there are no test or final examination for elective subjects. There are basically 3  part questions. The first question that we have to do is prepare a report regarding to building and their facilities including the property name and location, its management status, the view of subject property photograph including the facilities, the location maps and the feature design information. 

   There are 5 types of buildings that we need to obtain and observe. They are terrace shop or factory in single storey building, apartment or condominium with 2000 and above residential units that built within one plot of land, walked-up apartment consists of 150 or less residential units built within one plot of land, mixed retail with residential building and lastly is mixed retail with SOHO/office building. We need to finds two cases for each type of buildings mentioned  above.

   The second question is a case study on swimming pool  facilities by presenting brief guidelines about the operation system, piping design and its relevant mechanical components. Then the third question is more to tutorial assessment questions to discussing the differences between Facilities Management and Construction Management, describing the type of common area within residential building and explaining the types of components on electricity consumption and the methods on energy saving for common area.

  Here are some photos that I took during our visit to few buildings for our assignment :

Photos : Solaris Dutamas for mixed retail with office  building

Photos : Menara OUA Bangsar for mixed retail with office building

Figure : Some answer regarding to tutorial assessment questions

Building Economic (QSB 3214)

Building Economic QSB 3214

Portfolio Semester 5

Lecturer :

Miss Dianne Kok Hui Wen

Mr Ho June Khai

Objectives :

     This subject enable me to study and explore an awareness of the nature, content and significance of cost control, cost planning and understand the roles of project teams towards fulfilling client’s requirements.

  Besides that it provides me a chance to study and explore awareness of the effect of design variables in obtaining an economical design and to appreciate the role of the quantity surveyor in pre and post contract stage.

Learning Outcome :

   Throughout the process of learning of course of Building Economics, I would be able to evaluate the role and responsibilities of Quantity Surveyors in the overall development process, match the relationship between cost and design to a value outcome, illustrate various method of pre-tender estimating, enhance the role of Quantity Surveyor by outlining the importance of cost studies in the development process and carry out Elemental Cost Analysis to estimate building cost. I also learn how to prepare an estimate at pre-tender stage to a proposed project, cost plan based on historical data and S-curve for financial planning.

    From this subject, I could learnt more topics that expose me to quantity surveying's field which are concept of cost control, cost modelling, design economics, cost analysis and cost data, cost indices, detailed cost planning, investment development appraisal and whole life cost. 

Course work : Group and individual assignments (30%)

      Course work 2 comprises of a group assignment and individual assignment which contributed a total mark of 30% of the overall assessment and students need to submit it on the week 12. This group assignment was designed for 6 students per group and the students were required to update and revise the required cost plan based on the information given in the assignment brief. This group assignment expose the students to the actual field and student will gain some basic knowledge on the role and duties of a quantity surveyor in the actual field. While for the individual part students will be able to understand the relevant topics more than before they did the project. Analysis and research skills can then be instil in the students. Students would learn the proper way to give advice to their client in the future. Moreover, students would came to know that being a quantity surveyor does not only do measurement but also advice client on other issues.

Figure: Questions for group and individual assignment

Figure: Sample answers for group assignment

PROFESSIONAL PRACTICE 2 (QSB 3614)

PROFESSIONAL PRACTICE 2

PORTFOLIO SEMESTER 5

LECTURER:

Sr. Eddie Lim Sek Cheon (limsekcheon@gmail.com)

Objectives:

    From this subject, I have gained sufficient knowledge and understanding of the administration of construction contracts and the application of particular contract clauses relating to the roles and responsibilities of the parties to the contract especially the Quantity Surveyor.

    Moreover, I would able to develop awareness of the provisions of the Standard Contract forms related to valuation and certificates, instructions and variations, dayworks and final accounts, extension of time and loss and expense.

      Lastly, I would able to interpret sub-contracts documents relating to roles and responsibility of the main contractor and sub-contractors including the limits and constraint of such procedures.

Learning outcomes :

    After completion learning this subject, I would be able to define the roles and responsibilities of the various parties involved in construction contracts in relation to particular clauses in the contract. By mean, I would be able to identify the roles of different parties involved in the building teams and their construction contracts and contractual obligations during the construction process.

   Moreover, I also could be more understood and able to explain the various construction contracts, its limitations and constraints and define issues in interpreting the contract clauses of construction contract. Hence, I could be able to observe wide array of construction contract between the client and main contractor which is exposing me to the actual roles of quantity surveyor and in addition the construction contract between the main contractor and the sub-contractor.

  Lastly, I would be able to describe team dynamics, power of teams and teamwork in construction contracts plus came to know the impact of the clauses of PAM 2006 if any of the parties involve going against it, provided it is stated in the clauses.

    For this semester 5, I have learnt about construction dispute, construction delays, construction claims, rights of setting off, partial possession by Employer, determination of contractor's employment by employer, determination of contractor's employment by contractor, practical completion and penultimate certificate, final accounts, building insurances, dispute resolution through mediation/adjudication/arbitration, and comparison between PAM form and JKR form of contract.

Course work 1 : Seminar (15%)

    This assessment is in a form of seminar. This seminar would form 15% of the final assessment. During week 2 to 13, a seminar would be carried out during the tutorial session and a group of 2 or 3 students would be nominated. Each seminar leader would be given a law topic a week before the seminar for preparation. Each seminar leader would be given approximately 15 minutes to present their topic. The presentation can be in any format. Each member of the seminar leader is encouraged to present during the seminar. 

  

    After the presentation, the seminar leader is required to ask two questions for discussion and the class is required to ask at least one question to the seminar leader. The seminar leader shall cover the following for the theory question presentation which are, explaining the questions and the details of relevant theories and concepts related to the questions.

Figure: Some presentation slides for seminar assessment.

Course work 2 : Group Assignment (15%)

  This group assignment is consisted about 5 students per group. This assignment tasks are more related to final account preparation assessment. 

Figure : The questions on group assignment

Figure: Sample answers for preparation of final account assessment