Lect 1 Bqs559
Lect 1 Bqs559
their Obligations
by
TIME? SOURCES?
WEEKS? RESOURCES?
TERMS? MONTHS? YEAR? Man? Machine?
TYPE?
PARTIES?
APPROACHES? CONSTRUCTION
Installation Renewal
Maintenance
Construction Dismantling Demolition
Renovation Repair Extension Alteration
OF
SOIL,
BUILDING CANAL,
CIVIL ENG MECH & ELEC EARTH &
TYPE SEWERAGE
STRUCTURE WORKS WATER
STRUCTURE & PIPE
CONTROL
Economy Construction
• 3.3% to 4% of GDP contributed by construction
industry (MOF 2001)
• The government sectors accounts for 52.5% of
construction volume consists of residential, mix
development incl. maintenance and repair
• 42,000 over construction firms recorded as of
2002 with many firms capable of million RM
projects locally and internationally
• Construction caters for employment in Malaysia
Features of Construction Industry
INTITIAL STAGE
TENDER STAGE
CONTRACT STAGE
RIBA Plan of Work
STAGE TASK PROFESIONAL
A Inception Establish appointments & requirements CL, Arch
Briefing
B Feasibility Established technical possibilities & CRep, Arch,
specialist Eng, QS
Sketch
C Outline proposal Briefs and approaches All
Plans
D Scheme design Spatial arrangements & materials All
E Detailed design Detail design, drawings and specs Arch, Eng, QS
Drawings
Working
F Production information Complete drawing and spec for tender Arch Eng
G Bill of Quantities BQ production with queries answered Arch QS
H Tender action Tender process All
Site Operations
J Project planning Agree on timetable, procedures and Cont
schedule
K Operation on site Construction, meetings, supervision, All & Cont
payment
L Completion Handover and DLP All & Cont
M Feedback Legal responsibility, response etc. All
Who’s Who?
Identify the participants and briefly explain what are their roles
in a typical setting of a construction process.
Project Participants
MAIN
EMPLOYER CONTRACT
CONTRACTOR
Conditions of engagement
Domestic SC Contract of sale
Architect Sub
Engineer contractor Suppliers
NSC
Quantity Surveyor
Nominated Sub
Con
Employer’s And Contractor’s
Obligations
PART 1:
Employer’s Obligation
• Who is the Employer
• Implied Obligations
• Express Obligations
• Payment Obligations
• Employer’s Responsibility
PART 2:
Contractor’s Obligation
• Who is the Contractor?
• Implied Terms
• Express Terms
• Design Liability
• Contractor’s Risk
• Contractor’s Remedies
• Duty to Warn
The Employer
OWNER
EMPLOYER
CLIENT
• Possessions of site
• Supply of plans and other details (such as time
etc.)
• Avoid obstruction of work and performance
• Payment of reasonable price
TIME
WORKMANSHIP
IMPLIED
MATERIALS OBLIGATIONS
DESIGN
TO COMPLETE WORK
Express Terms
✗
- Designer’s
✔ Responsibility
- Still responsible for
Standard & Quality
✗
IS THERE - Fully liable - NSC’s Design
ANY DESIGN - Responsible for - Still responsible for
LIABILITY? - Fit for intended Standard & Quality
purpose
- Standard of Care Designs Some parts of the
- Material of
merchantable
✔ Work
• Working Methods
CONTRACTOR EMPLOYER
• Design
Building Professionals
• Contract Construction Experts
Consultants
administration
ARCHITECT
• Translate briefs into ENGINEER
designs or Other
professionals
• Supervise
construction
Contractual Duties
• design, • bye-laws and rights of
• examination of site, adjoining owners,
• delivery of drawings, • excess of cost over
• information and estimates,
instructions in time, • preparation of quantities,
• instruction as to methods • recommending form of
of working and temporary contract,
works, • supervision,
• special duties in regards • administration of contract,
to nomination, • comprehensive design,
• knowledge of legislation, surveys etc.
building regulations,
Their Liability & Risks
Expectation and Demand for Reasonable
Degree of Skills and Care
Contractual
Professional
Expectation for Duties
Negligent Negligence
Professionalism
Misstatement
Kensington &
Bolam v Friern
Wimpey Chelsea AHA v
Hedley Byrne v Hospital
Construction Wettern
Heller (1964) Management
(UK) Ltd v Poole Composite Ltd
(1957)
(1984)
Contract Administrator
Typically ARCHITECT ENGINEER or
other appointed professionals act as
• Employer’s Agent
• Independent certifier