REPORT ARCHITECTURE SITE PRACTISE (2)

NOV. 2021, ISSUE 1

CERTIFICATE OF NON-COMPLETION (CNC) 1.DELAY BY CONTRACTOR

WHAT IS NON-COMPLETION CERTIFICATE? Reasons :
The certificate of non-completion gives formal written notice to Not having sufficient force or plant on site
Not having necessary materials when needed
the contractor that they have failed to complete the works Poor site management/ co-ordination/
described in the contract by the completion date that was last experience
agreed (the original completion date may have been adjusted during Failure to pay workers or sub-contractors
the course of the works).
Contractual Effects
The date for completion of construction works (or dates for Not entitle to claim for Extension Of Time (EOT)
completion of sections of the works) is generally No reimbursement for loss and expense
set out in the contract particulars. However, it is not uncommon for Employer can be compensated by the of LD
delays to cause the completion date to be Employer may terminate the contractor’s
employment if delay is too long
A certificate of practical completion cannot be issued by
the date for completion. 2. DELAY BY EMPLOYER

Where the client is responsible for the delay, an extension of time 15 relevant events under clause 25.8
may be granted, the completion date
adjusted, and the contractor may be entitled to claim loss and Contractual Effects
expense. Contractor entitlement to claim for EOT
Contractor entitle to claim for loss and expense
Where the contractor is responsible for the delay, the client may Employer cannot impose LD because is own fault
be entitled to claim liquidated and If delay is serious, contractor can terminate h
ascertained damages (at a rate set out in the contract particulars). employment

DELAYS 3. DELAY BY THIRD PARTIES (NEUTRAL
Categories of delays : EVENTS)
1. Delay caused by Contractor (Clause 21.1)
2. Delay caused by Employer ( Clause 23.8) – 15 relevant events Weather, Act of God, Natural Justices
9 relevant events
3. Delay caused by the Third Parties (Neutral Event) (Clause 23.8) – 9 Not the fault of contractor or employer
relevant events They have to bare with their
reponsibilities
own

Contractual Effects
Contractor entitlement to EOT
Contractor not entitle to claim for loss and
expense
Employer cannot impose LD
Employer and contractor should share the
burden of delay

51

SEPT. 2020, ISSUE 7

DAMAGES FOR NON-COMPLETION PREPARATION AND SUBMISSION OF CERTIFICATE
OF NON-COMPLETION
LIQUIDATED DAMAGES AND CERTIFICATE OF NON-
COMPLETION Some basic rules must be complied with in the preparation of the Certificate
of
1.if the Contractor fails to complete the Works by the Non-Completion as follows:
Completion Date, and the Architect is of the opinion
that the same ought reasonably so to have been a) All particulars in the Certificate must be correctly inserted. Particulars of
completed, the Architect shall issue a Certificate of the Contract and The Contractor inserted in the Certificate must be the same
Non-Completion. Upon the issuance of the as those in Contract Document. No space allowed for insertions in the
Certificate of Non-Completion, the Contractor shall Certificate, except the date of the Same, shall be left blank. The date of the
pay or allow to the Employer a sum calculated at the Certificate shall be the date on which the officer empowered to do so signs
rate stated in the Appendix as Liquidated Damages the Certificate.
for the period from the Completion Date to the date
of the Practical Completion. The Employer may b) The periods of coverage of the insurance policies must be extended to the
recover such sum as a debt or may deduct such sum expected
from any monies due or to become due to the date of completion of the Work.
Contractor under the Contract or the Employer may
recover such sum from the Performance Bond. The When submitting the Certificate of Non-Completion for approval, particulars
Employer shall inform the Contractor in writing of of the contract and other information must be provided on a standard form. In
such deduction or such debt due from the Contractor. addition, the following must be submitted together:
The imposition of Liquidated Damages by the
Employer shall not be taken into account by the A statement by the recommending officer as to whether he has studied
Architect in the insurance of payment certificates the circumstances of the case in depth and assessed the ability of the
and Final Certificate, and is not subject to the set-off Contractor to proceed and complete the Work; and whether in his
procedures under Clause 30.4 and adjudication. opinion, imposition of LAD will ensure completion of work the soonest
and his reasons for thinking so.
2.The Agreed Liquidated Damages amount a genuine
pre-estimate of the loss and/or damage to be A description of the progress of work achieved by the Contractor and the
suffered by the Employer if the Contractor work program of the balance of work may be completed.
contravenes Clauses 21.0 and 22.0. The parties agree
that by signing the Contract, the Contractor shall pay c) Information whether there has been any cause of delay for which
to the Employer the said amount, if the same Government to be responsible for and if so, whether a reasonable extension
Becomes payable without the need for the Employer of time has been granted and whether there is any foreseeable cause of delay
to prove its loss and/or damage unless otherwise for which the Government may be responsible.
proved by the Contractor
PROSEDUR OF CERTIFICATE OF NON-COMPLETION
3. Certificate of Non-Completion revoked by
subsequent Certificate of Extension of Time
Architects issue Extended Time Certificates under
Clauses 23.4, 23.9 and23.10 which have the effect of
setting a Completion Date later than the date stated
in the previously issued Certificate of Incomplete, the
certificate shall have the effect of revoking the
previously issued Certificate of Incomplete. shall
review the amount of Liquid Indemnitywhich he is
entitled to retain. If the amount of Diluted
Compensation retained exceeds the amount eligible
to be retained by the Employer, shall repay the
excess amount to the Contractor within the
Certificate Honor Period from the date of the latest
Extension of Time Certificate. If the Works are not
completed on the Completion Date specified in
theExtension of Time Certificate, the Architect shall

52issue a Certificate of Incomplete

SEPT. 2020, ISSUE 7

EXTENSION OF TIME AND LIQUIDATED ASCERTAINED DAMAGE (LAD)

WHAT IS LIQUIDATED ASCERTAINED WHAT ARE THE TYPICAL GROUNDS FOR SEEKING AN
DAMAGES (LAD)? EXTENSION OF TIME?

The Liquidated Ascertained Damages (LAD) clause There are two types of delay for which the manufacturer may seek to claim for
is an important part of a construction contract. It's an extension of time:
designed to cover any predicted losses which
might occur as a result of a project overrunning or Delays caused by the customer; and
being delayed The Liquidated ascertained damage Other delays that are not the manufacturer’s responsibility under the
(LAD) clause is an important part of a construction contract
contract. It's designed to cover any predicted Most contracts will include a comprehensive list of events which entitle the
losses which might occur as a result of a project manufacturer to make an application to the customer to extend the
overrunning or being delayed. specified date(s).
These typically include:
An important thing to remember is that LAD is 1. variations
not a financial penalty and neither is it 2. changes in law
implemented as a punishment for a breach of 3. failure for customer to approve documentation
construction contracts. 4.delays caused by nominated suppliers
It’s actually a pre-agreed part of the contract 5.infrastructure availability (or lack of)
itself between an employer and contractor. 6. exceptionally adverse weather
Now, 7.force majeure and (8) acts of prevention by the customer.
it’s fair to say that delays can sometimes occur in
construction projects. HOW DO I APPLY FOR AN EXTENSION OF TIME?
It might be that there's a sourcing problem
with some key materials. Perhaps there was an First, ascertain that an extension of time provision is included in your
accident in construction that delays the entire contract. When applying for an extension of time, the next step for the
process. These things do happen. manufacturer or supplier is to notify the customer that a delay event has or
As such, ensuring the financial obligations of will occur which it considers will cause delay. The delay event will mean
such delays are clear and recorded is just a works overrun beyond the delivery date and the manufacturer or supplier
smart must detail the estimated delay period.
part of construction contracts.
This clause sets out a predetermined estimate WHAT IS LIQUIDATED ASCERTAINED DAMAGES (LAD)?
of any losses which the employer is likely to
incur if The Liquidated Ascertained Damages (LAD) clause is an important part of a
a project overruns (read: takes longer than the construction contract. It's designed to cover any predicted losses which
agreed date). might occur as a result of a project overrunning or being delayed The
Under the LAD clause, a sum of money is Liquidated ascertained damage (LAD) clause is an important part of a
agreed which will be recovered by the construction contract. It's designed to cover any predicted losses which
employer for might occur as a result of a project overrunning or being delayed. An
important thing to remember is that LAD is not a financial penalty and
THE MAIN BENEFITS OF LADS ARE THAT: neither is it implemented as a punishment for a breach of construction
contracts.

they become payable upon the occurrence of the specified breach and the employer is not required to prove that it has suffered any loss;
They provide commercial certainty for both parties and they effectively act as a cap on the contractor's liability for the specified breach;
they reduce the need for costly and time-consuming court proceedings (or other dispute resolution mechanisms) to ascertain whether
general damages are payable and the level of such damages; and
they act as an incentive for the contractor to desist from committing the specified breach. LAD is an important part of construction law
in Malaysia, as it helps to avoid unnecessary disputes around project overruns.

By agreeing in advance what that cost might be, it provides clarity to both employers and contractors on the financial cost of a project
overrun.

On the side of the employer, it means they’re confident that they won’t lose out financially if the project does go beyond its agreed

53completion date.

SEPT. 2020, ISSUE 7

EXTENSION OF TIME AND LIQUIDATED ASCERTAINED DAMAGE (LAD)

HOW LAD APPLIES ? CALCULATING THE LAD CLAUSE

LAD is not an automatic and legally required part The cost of Liquidated Ascertained Damages can vary by contract, although
of all construction contracts. Although, thankfully there is a standard calculation for a SPA which can help guide your
in standard contract law, it is almost always understanding.
included! In general terms, LAD takes into account a whole range of potential financial
If you’re buying a new development property in losses which a client might occur if the project is not delivered on time, such as
Malaysia, then the likelihood is that a LAD clause
will appear in the Sale and Purchase Agreement Loss of rent
(SPA). Loss of income
This will essentially be a clause that outlines the Storage costs
process and financial implications if the project Additional rental costs
delivery is delayed. Fees or fines from third parties
If you’re buying a strata-titled property in Malaysia Financing costs for loans etc
for example, then Schedule H, Clause 25 of the
prescribed SPA notes that: These are all foreseeable costs based on financial calculations which are made,
“25. (1) Vacant possession of the said Parcel shall given the promised completion date.
be delivered to the Purchaser in the manner
stipulated in clause 27 within thirty-six (36) If, for example, a developer has rented out a commercial space to a third party
months from the date of this Agreement. from the 1st of January, but the project overruns by six months, then they have
(2) If the Developer fails to deliver vacant lost out on six months of agreed rent. Those are the type of calculations which
possession of the said Parcel in the manner LAD is designed to cover.
stipulated in clause 27 within the period stipulated Now let’s take a look back at the case of stratified property in Malaysia. The
in subclause (1), the Developer shall be liable to standard clause stipulates that the developer shall owe compensation
pay to the Purchaser liquidated damages equivalent to 10% per annum of the property purchase price. Here’s a simple
calculated from day to day at the rate of ten per example:
centum (10%) per annum of the purchase price SPA date = 01/07/2016
from the expiry of the period stipulated in Completion date = 30/06/2019
subclause (1) until the date the Purchaser takes Actual delivery of vacant possession = 31/08/2019
vacant possession of the said Parcel.” Days of delay (from 30/06/2019 to 31/08/2019) = 63 days
In simple terms, that means a developer must LAD amount:
deliver vacant possession within 36 months, or Purchase price (RM100,000) x interest (10%) x 63 days = RM1,726.03
face paying compensation for the overrun.
It’s also worth noting here that a LAD does not Divided by 365
limit the total compensation which a client
receives from a contractor.
They can pursue legal remedies for additional
costs, if they go above and beyond the
compensation noted in the LAD clause of the
contract.

This clause relates to the point when the property is truly completed. The
developer can’t throw the notice of vacant possession your way and say
"DONE" if the building still has no roof!
The contract of completion is only fulfilled once the vacant possession is given
and Certificate of Completion and Compliance (CCC) is issued

54

SEPT. 2020, ISSUE 7

DEFECT LIABILITY PERIOD

UNDERSTANDING DEFECT LIABILITY PERIOD

A defects liability period is a set period of time after a construction
project has been completed during which a contractor has the right to
return to the site to remedy defects. A typical defects liability period
lasts for 12 months

. ARE DEFECTS LIABILITY PROVISIONS EXCLUSIVE?

WHAT IS THE PURPOSE OF A DEFECTS LIABILITY Defects liability provisions are not an exclusive remedy, unless the contract clearly
PERIOD? states that there are no other remedies available under the contract. The contractor
will remain liable for breach of contract.
Defects liability periods - also known as rectification
provisions - can be of benefit to both parties. CONCLUSION
For the contractor, it is likely to be more economical and
efficient for it to carry out remedial works itself than to pay Defects liability periods will only arise if they are included in the contract. Contractors
the costs of another contractor hired by the employer. From therefore need to be aware that they do not have the automatic right to return to the
the employer's perspective, it will not need to hire an site to fix any defects. Employers should give careful consideration to the wording and
alternative contractor to carry out the work, or to carry out requirements of defects rectification provisions where they are considering hiring
the work itself and reclaim the cost. The employer will also not another contractor to fix the original contractor's mistakes.
run the risk that any warranties provided by the original
contractor may be affected by a third party carrying out works
on the site.
If there is a contractual right for the contractor to rectify
defects, and the employer either does not notify the
contractor that rectification is needed or refuses access to the
site, then the employer may be in breach of contract. Case law
illustrates, however, that the contractor will not normally be
'let off the hook' if this happens. The employer will still have a
claim for the cost of rectifying the defects, but the claim is
likely to be limited to the amount it would have cost the
original contractor to carry out the works. It will not be able to
claim for remedial works or working methods found not to be
strictly necessary.
Employers should therefore give careful consideration to the
provisions in the contract before hiring a new contractor to
carry out remedial works. This is especially important if the
contract stipulates that the employer must notify the original
contractor that remedial works are needed before it can make
a claim for recovery of any costs of rectification.

.

WHAT IF THERE IS NO CONTRACTUAL
PROVISION FOR DEFECTS RECTIFICATION?

If there is no contractual provision, the contractor does not
have the right to return to the site to rectify defects. However,
the employer's general duty to mitigate its losses before
making a claim by taking reasonable steps to avoid or reduce
them means that its damages may be limited if it refuses to
allow the contractor to rectify defects – especially where the
defects are relatively minor. The relevant test is whether the
employer has failed to act reasonably. If the contractor's
original work was of a low standard then the employer can
argue that it was reasonable to refuse to let the same
contractor return to the site. In deciding whether it is
reasonable to refuse to let the contractor return to the site
the court can take into account a breakdown in the
relationship between the two parties.
.

55

SEPT. 2020, ISSUE 7

MAKING GOOD DEFECTS CERTIFICATE

UNDERSTANDING MAKING GOOD DEFECTS CERTIFICATE WHAT ARE DEFECTS?

The certificate of making good defects is now referred to as the 'certificate of Defects are works that have not been carried out in accordance
making good' in the new JCT '16 suite of contracts. with the contract. Defects which are discoverable before the end
of the defects liability period are described as 'patent defects'.
THE PURPOSE OF THE CERTIFICATE OF MAKING GOOD Defects which could not have been discovered during the defects
DEFECTS (CMGD) liability period are known as 'latent defects' (for example, a
problem with foundations which have been covered up and does
Once practical completion has been certified, the defects liability period not become apparent until several years later when settlement
begins (now called the 'rectification period' in Joint Contracts Tribunal (JCT) causes cracks to appear).
contracts). Typically, the defects liability period is six to twelve months. Patent defects should be rectified as an ongoing process, and
During this period, the client reports any defects that arise in the works to certainly, before the certificate of practical completion is issued,
the contract administrator who decides whether they are in fact defects (i.e. then before the certificate of making good defects is issued and
works that are not in accordance with the contract), or whether they are ultimately before the final certificate is issued.
maintenance issues. If the contract administrator considers that they are Latent defects can result in liability for damages for up to 15
defects, then they may issue instructions to the contractor to make good the years. The Limitation Act 1980 governs time limits for bringing
defects within a reasonable time. different types of legal claims.
For more information, see Making good. Latent defects can be highly problematic and very expensive to
repair. If there is a suspicion of latent defects, it is sensible to
At the end of the defects liability period, the contract administrator have investigations carried out before the end of the defects
prepares a schedule of defects, listing those defects that have not yet been liability period.
rectified, and agrees with the contractor the date by which they will be
rectified. Defects must be made good within a 'reasonable time', and at the WHAT ARE DEFECTS?
contractor's cost.
t is important to note that the defects liability period is not a
NB: It is the contractor's responsibility to identify and rectify defects, not chance to correct problems apparent at practical completion, it is
the client's or the contract administrator's, so if they do bring defects to the a period during which the contractor may be recalled to rectify
contractor's notice, they should make clear that this is not a comprehensive defects which appear. If there are defects apparent before
list of all defects. practical completion, then these should be rectified before a
When the contract administrator considers that all items on the schedule of certificate of practical completion is issued.
defects have been made good, they issue a certificate of making good This can put the contract administrator in a difficult position,
defects. This has the effect of releasing the remainder of any retention and where both the contractor and the client are keen to issue the
brings about issuing of the final certificate. certificate (so that the building can be handed over) and yet
defects (more than a de minimis) are apparent in the works.
PARTICULAR CIRCUMSTANCES RELATING TO THE Issuing the certificate however could render the contract
CERTIFICATE OF MAKING GOOD DEFECTS administrator liable for problems that this causes, for example in
the calculation of liquidated damages.
f the contractor, having been given the opportunity to rectify defects, fails to do so
within a reasonable time, they may be in breach of contract. In this situation others
may be employed to rectify the defects, and the cost of such works deducted from
the contractor's retention.
In particular circumstances where the cost of rectifying a defect is disproportionate
relative to the impact of the defect on the works, the client may agree to have the
certificate of making good defects issued anyway, but only on agreement that the
contract sum is reduced by an amount that reflects the reduction in the value of the
works as a consequence of the defect.
If a defect becomes apparent after the certificate of making good defects has been
issued, but before the final certificate has been issued, the contractor may be given
the opportunity to rectify the defect anyway, but the final certificate should not be
issued until this has been done.
On construction management projects and management contract projects, a
separate certificate of practical completion is issued for each trade contract (or
works contract). This means that defects liability periods may be at different times
for each trade contract (or works contract).
Where sectional completion (or phased completion) occurs, a separate certificate of
making good defects may be issued for each section and then for the whole of the
works. This may also be the case where the client arranges for partial possession of
part of the works.
NB: The Housing Grants Construction and Regeneration Act disallows 'pay when
paid' clauses, this means that it is no longer acceptable for a contractor to withhold

ht5ha6edrtehleeiarsreeotefnrteitoennrteiolenatsoead.subcontractor simply because they themselves have not

SEPT. 2020, ISSUE 7

CERTIFICATE OF COMPLIANCE AND COMPLETION (CCC)

UNDERSTANDINGCERTIFICATE OF COMPLETION AND WHAT’S THE DIFFERENCE BETWEEN CCC AND CFO?
COMPLIANCE (CCC) 1) Certificate Of Fitness For Occupation
The CFO was the predecessor of the CCC. It was a certificate
This piece of paper is so important for a development, but why? Read on as we designed for the same purpose – making sure properties aren’t
cover what this certificate is, why it's different from a Certificate Of Fitness built so badly that they fall down like a stack of cards.
For Occupation, as well as whether that's the ONLY certificate of completion Now, the crucial difference is that, it was the responsibility of
that a project needs. local government to sign it off.
The Certificate of Completion and Compliance (CCC) is an important part of The CFO required the local government authority (pihak
the property development process. berkuasa tempatan, or PBT) to visit the site and provide
If you think of the construction process like you would a marathon, the CCC is approval. This, as you might guess, meant a fair bit of red tape for
the regulatory finish line waiting for you in the distance. So what is the CCC in the industry to tackle.
practice, and what does it mean to you? Malaysia’s property development industry was suffering from
backlogs and delays due to the number of projects requiring sign-
WHAT DO YOU NEED TO KNOW FIRST OF ALL? off, and the limited availability of resources in local authorities to
complete these important technical tasks.
the CCC is a certificate which provides final sign-off on construction of a
building. 2) Certificate Of Completion And Compliance
It's an assessment undertaken by industry professionals to ensure that the In 2007, the CCC was introduced to replace the CFO, speeding
building has been made true to its original plans, that it's safely constructed, up approval processes and removing delays for homebuyers
AND that it's fit for habitation. looking to move into their new property.
All key questions when you’re developing a property! That meant less time staring up at the shiny new building
Each section of the CCC process addresses different elements of a project, in wondering when you could finally move in.
order to ensure a comprehensive review of construction. Some of the factors The CCC certificate is essentially self-certified by the
which are taken into consideration: construction industry, ensuring industry professionals with
specific knowledge of a project are responsible for signing it off
Foundations as SAFE for human habitation!
Earthworks The CCC wasn’t an entirely untested system at that stage (which
Plumbing is good) because again, you wouldn't want to see houses
Drainage randomly falling down, now would you?
Street lighting It was first introduced in 1999 for singly-built detached houses
Landscaping (like the pretty one below).
Fire safety
The CCC is completed by an industry professional with an overview of the CAN THE CCC BE ISSUED WHILE THE PROPERTY IS
construction, known as the Principal Submitting Person (PSP). STILL UNDER CONSTRUCTION?
This professional must be a registered industry professional operating as an
engineer, architect, or building draughtsman. After all, it wouldn’t feel as safe Since the CCC stands for Certificate of Completion and Compliance, it
if you got the local postman to sign off on it. certainly wouldn’t make sense for it to be issued before the
As well as being countersigned by the PSP, the CCC is also signed by completion of a property, no?
individual contractors responsible for different elements of the work. However, you may hear of a Partial CCC (Form F1). This form
It's often submitted with supporting documents from relevant bodies such as essentially allows a part of a building to be opened up for occupation,
utility companies or public safety organisations. even though another part of the development may still be under
That means you can be sure the toilet isn’t plumbed into the electricity construction.
supply! Of course, this is provided the completed portion satisfies all the
necessary essentials such as electricity installation and water supply
of course.
Note that the Partial CCC doesn’t apply to all developments, but
mixed developments which may be built in phases. Think shopping
complexes with residential and commercial towers above.
The bad news? What if you moved into one of those residential units,
only for the developer to abandon the shopping complex a few months
later?
Because of this, the HDA expressly states that Partial CCC is not
acceptable for issuance of Vacant Possession. So buyers, remember
that CCC and Partial CCC are not the same thing

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SEPT. 2020, ISSUE 7

CERTIFICATE OF COMPLIANCE AND COMPLETION (CCC)

IS THE CCC THE ONLY CERTIFICATE OF COMPLETION?

While the CCC is undoubtedly the primary documentation when it
comes to final sign-off for completion, it's not the only relevant
document for the industry. Here are some others to take note of:

1) Form Gs

There are a lot of documents to prove a building is safe! The use
of Form G comprise a 21-stage certification required for
completion throughout the project.
These are the forms approving works across the elements such
as earthworks and drainage as noted earlier, and are an essential
part of the CCC.
2) Six Essential Services

Confirmation and clearance from six essential services are
required to receive approval of a CCC, namely:

Electricity supply
Water supply
Sewage connection (JPP)
Clearance from Lifts and Machinery Department (JKKP - if
applicable)
Roads and drainage
Bomba clearance from fire services
3) Partial Completion (Form F1)

the Partial Completion form is designed to allow PSPs to submit
approval and notification of completion of building elements that
is necessary to finish ahead of other elements.
An example of this would be a shopping mall with plans to build a
residential complex above it.
4) Vacant Possession

Vacant Possession is the all-important approval for you to move
in. It’s the sign-on-a-dotted-line moment of taking ownership of
your new property.
With the new CCC process, Vacant Possession can be issued
simultaneously at the point of CCC approval. That means fewer
delays for homebuyers on the exciting move to their new
property!

58

SEPT. 2020, ISSUE 7

CONCLUSION

Every organization needs a structure in order to operate systematically. The organizational structures can be used by any
organization if the structure fits into the nature and the maturity of the organization.

This chapter explains elements of organizational design that are vital for executing strategy. Leaders of firms, ranging from the
smallest sole proprietorship to the largest global corporation, must make decisions about the delegation of authority and
responsibility when organizing activities within their firms. Deciding how to best divide labor to increase efficiency and effectiveness
is often the starting point for more complex decisions that lead to the creation of formal organizational charts. While small businesses
rarely create organization charts, firms that embrace functional, multidivisional, and matrix structures often have reporting
relationships with considerable complexity. To execute strategy effectively, managers also depend on the skillful use of organizational
control systems that involve output, behavioral, and clan controls. Although introducing more efficient business practices to improve
organizational functioning is desirable, executives need to avoid letting their firms become “out of control” by being skeptical of
management fads. Finally, the legal form a business takes is an important decision with implications for a firm’s organizational
structure.

Building contractors have many roles during the different stages of construction, and each role comes with different responsibilities.
Contractors should be capable of managing uncertainty and taking decisions on a daily basis. The track record of a contractor is also
very important, since those with ample experience can respond better to common issues in projects

Delay caused by possession of the site could be easily known, because the contractor physically can not proceed with the Works in
the location that the possession of site havent been completed yet. One causal factor which is undoubtedly could be proven easily by
parties is the possession of site. Physically the possession of site is one of the cause of the delay and disruption on every parts of
Works where possession of site not properly done by the employer.. The employer involved is mainly interested in the construction
process but, at the same time, ignore and neglect of what is happening. At present, the possession of site related to land acquisition
become more difficult because the people consciousness that the future price of the land after the operation of the premises will be
far higher than the amount they receive as land compensation. Contractually impact of the delay on possession of site, is the delay on
commencement of the Works where in the FIDIC MDB Harmonised Edition is become one of the four conditions precedence for the
Commencement of Works which is in turn may cause the delay on completion of the Works and in the worst case may cause the
Termination by the Contractor if the Employer cannot fulfill such conditions as stipulated in the contract.

Conclusion After lear many thigs and do research I had knew more useful knowledge about the construction and also more
understanding on the process ofexcavation. I really like this kind of activity because it can let me learnedmore than was taught at in
class. From this assignment, I canknow that how to construct a column, a wall, a beam and a foundation. Teamwork also very
important. Cooperationand communication between workers and contractoris needed. Without teamwork, the construction building
will not be completedon time. Besides that, safety is very important at construction site. We need to wear safety helmet and safety
boots while visit the construction site. The safety of the building also very important, a good quality building will let the people staying
in peaceful. So, as a responsible building team, we cant cheating on workmanship and also materials. In conclusion, this activity let me
experience the real life work on a construction site. After this activity, I am particularly grateful to all the workmanship on the site for
working hard under the sun and also rain.

59

SEPT. 2020, ISSUE 7

REFERENCE

https://rfp360.com/rfi-templates-examples/
https://www.mbawa.com/practical-completion/
https://www.scribd.com/document/87149745/Quality-Plan-Template-000
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https://www.knowledgehut.com/tutorials/project-management/project-quality-plan
https://www.easytechjunkie.com/what-is-a-site-
report.htm#:~:text=A%20site%20report%20is%20a,website's%20statistics%20and%20technical%20workings.&text=A%20site%
20report%20may%20include,any%20number%20of%20website%20elements.
https://qaqcconstruction.com/2021/03/06/project-quality-plan-for-
construction/#:~:text=A%20construction%20Project%20Quality%20Plan,specifics%20unique%20to%20each%20project.
https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.slideshare.net%2Fahmong4%2Fprofessional-practice-2-
123333990&psig=AOvVaw2_7KYGdQjljtDakIsk2iI-
&ust=1642258754530000&source=images&cd=vfe&ved=0CAgQjRxqFwoTCKC2g-LAsfUCFQAAAAAdAAAAABAa
http://www.pam.org.my/images/notes/2014/Architect_s_Certification_s_Note.pdf
http://kontrak.water.gov.my/division/qs/gp_post/Contract%20Administration/NonCompletion/NonCompletion.pdf
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https://www.lawinsider.com/dictionary/certificate-of-non-completion
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https://www.mbawa.com/practical-completion/
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Certificate-Format-xlsx&psig=AOvVaw3kOFyVmfcNXJ-
v4wFXb5bP&ust=1642247075087000&source=images&cd=vfe&ved=0CAgQjRxqFwoTCPCh6p6VsfUCFQAAAAAdAAAAABAO
https://www.designingbuildings.co.uk/wiki/Interim_certificates_in_construction_contracts
https://www.slideshare.net/ahmong4/professional-practice-2-123333990
https://www.propertyguru.com.my/property-guides/what-is-lad-in-a-construction-contract-30956
https://www.propertyguru.com.my/property-guides/how-much-lad-can-i-claim-and-how-to-calculate-16823
https://www.theedgemarkets.com/article/know-your-stuff-understanding-defect-liability-period-and-latent-
defects#:~:text=The%20defect%20liability%20period%20is%2024%20months%20from%20the%20delivery,retained%20by%20t
he%20purchaser's%20lawyer.
https://www.pinsentmasons.com/out-law/guides/defects-liability-periods
https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.researchgate.net%2Ffigure%2FDefect-Liability-Period-in-
Selected-European-
Countries_tbl1_319383991&psig=AOvVaw0i0oWEcrDOFA9UoLhEX3IE&ust=1642304809975000&source=images&cd=vfe&ve
d=0CAgQjRxqFwoTCMjl36jssvUCFQAAAAAdAAAAABAD
https://www.google.com/url?sa=i&url=https%3A%2F%2Fhhq.com.my%2Fpublications%2Fknow-your-rights-as-a-homeowner-
what-can-a-homeowner-claim-for-from-the-developer-if-the-property-has-
defects%2F&psig=AOvVaw0i0oWEcrDOFA9UoLhEX3IE&ust=1642304809975000&source=images&cd=vfe&ved=0CAgQjRxqF
woTCMjl36jssvUCFQAAAAAdAAAAABAJ
https://www.designingbuildings.co.uk/wiki/Certificate_of_making_good_defects
http://kontrak.water.gov.my/division/qs/gp_post/Contract%20Administration/Defect%20Management_END%20DLP.pdf
https://www.propertyguru.com.my/property-guides/certificate-of-completion-compliance-ccc-15904
https://www.slideshare.net/timunloh/construction-site-50460952

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AUTHOR NUR HUSNA SYAFIQAH BINTI SULAIMAN
CHECKED BY NOOR IZZAN