INTERACTIVE REPORT ARC SITE PRACTICE

IF I DO NOT HAVE A MAIN ARCHITECTURE SITE PRACTICE | PAGE 98
CONTRACTOR

(CONSTRUCTION
MANAGEMENT ROUTE) AM I

RESPONSIBLE FOR
PRACTICAL COMPLETION OR

IS THE RESPONSIBILITY
SPREAD ACROSS THE

SUBCONTRACTORS THAT I
EMPLOY?

Where the construction management route is employed for the project, the Construction
Manager should manage the practical completion process. This may be a Construction
Management Consultancy, or a Main Contractor employed on a Construction Management
basis.
Each individual trade contractor will need to confirm back to the Construction manager
when their section of the works are” complete”. From this, the construction manager will
then issue a certificate of practical completion and accompanying payment notice to each
of the trade contractors as and when required.
Once all subcontractors have completed their works, the project will be “practically
complete” and it is the Construction Manager’s responsibility to arrange for final inspection
from building control (or approved inspector) and for the building regulations compliance
certificate.

DO I MONITOR ARCHITECTURE SITE PRACTICE | PAGE 99
PRACTICAL COMPLETION

THROUGHOUT THE
PROJECT AND WHAT DO

I NEED TO RECORD IN
ORDER TO DO SO?

During a project, progress against the anticipated completion date can and should be
monitored. The Contractor may be requested or obliged to submit master programmes at
regular intervals within the construction periods, showing items of work both on and off
critical paths. Delay to Practical Completion will only result as a delay to items of work that
are on the Critical Path.
The Contractor might monitor progress by “marking-up”, at monthly intervals, the site
copy of the master programmes to indicate the actual progress of all activities shown
thereon. If any circumstances arise that may affect the progress of Works, the Contractor
shall put forward proposals or take other action as appropriate to minimise any delay and
to recover any lost time. This may be accompanied by marked up drawings and photo
evidence. That said, the Employer and Contractors QS will also review the programme on a
regular basis as part of the Application for Payment Cycle.

CONCLUSION ARCHITECTURE SITE PRACTICE | PAGE 100
AND TAKEAWAY

THOUGHTS.

Judgments in case law provide a reminder to the definitive effect and meaning of Practical
Completion within a Construction Contract. Unless amended, Practical Completion is
solely at the discretion of the Employers Agent or the Contract Administrator and it is
awarded based on their professional opinion along with compliance of certain contract
clauses.
When deciding whether Practical Completion has been achieved or not, start with the
contract: does this explicitly provide a definition as to what Practical Completion is? If so,
this is the basis for awarding Practical Completion.
Regardless of whether there is definition or implications of Practical Completion, be
mindful of:
The requirement for the release of half of the retention, which will be in addition to the
latest application for payment
The obligation to insure the works as this passes from Contractor to Employer upon
Practical Completion
Practical completion is the date at which the rectification countdown begins. Any
“outstanding / Snagging” items are the responsibility of the Contractor to complete.
However, there may be times, say when a retention bond is used, that the contractor has
little or no “skin in the game” to warrant a return visit to complete any outstanding works.
There is a lot to consider when approaching Practical Completion of a project. As Practical
Completion itself is essentially “a professional opinion,” this is open to challenge. The
Contractor may apply pressure to issue Practical Completion in order to flatter their
records and, in some circumstances, the client may agitate for issue of Practical Completion
as they need to take control of the building.
In any event, issuing Practical Completion is the sole responsibility of the Employers Agent
or Contract Administrator and should not be taken lightly due to the ramifications to the
Building Contract.

CERTIFICATE OF
PRACTICAL
COMPLETION

INTRODUCTION ARCHITECTURE SITE PRACTICE | PAGE 102

The certificate of non-completion gives formal written notice to the contractor that they
have failed to complete the works described in the contract by the completion date that
was last agreed (the original completion date may have been adjusted during the course of
the works).


The date for completion of construction works (or dates for completion of sections of the
works) is generally set out in the contract particulars. However, it is not uncommon for
delays to cause the completion date to be missed, that is, the works are not complete, and
so a certificate of practical completion cannot be issued by the date for completion.


Where the client is responsible for the delay, an extension of time may be granted, the
completion date adjusted, and the contractor may be entitled to claim loss and expense.


Where the contractor is responsible for the delay, the client may be entitled to claim
liquidated and ascertained damages (at a rate set out in the contract particulars).

CATEGORIES
OF DELAYS

1. DELAY BY CONTRACTOR

Reasons : 3. DELAY BY THIRD PARTIES (NEUTRAL
Not having sufficient force or plant on site EVENTS)
Not having necessary materials when needed
Poor site management/ co-ordination/ experience
Failure to pay workers or sub-contractors

Contractual Effects Weather, Act of God, Natural Justices ARCHITECTURE SITE PRACTICE | PAGE 103
Not entitle to claim for Extension Of Time (EOT) 9 relevant events
No reimbursement for loss and expense Not the fault of contractor or employer
Employer can be compensated by the of LD They have to bare with their own
Employer may terminate the contractor’s reponsibilities
employment if delay is too long

2. DELAY BY EMPLOYER Contractual Effects
Contractor entitlement to EOT
15 relevant events under clause 25.8 Contractor not entitle to claim for loss
and expense
Contractual Effects Employer cannot impose LD
Contractor entitlement to claim for Employer and contractor should share
EOT the burden of delay
Contractor entitle to claim for loss and
expense
Employer cannot impose LD because is
own fault
If delay is serious, contractor can
terminate his employment

DAMAGES FOR ARCHITECTURE SITE PRACTICE | PAGE 104
NON-

COMPLETION

Liquidated Damages and Certificate of Non-Completion if the Contractor fails to complete the
Works by the Completion Date, and the Architect is of the opinion that the same ought
reasonably so to have been completed, the Architect shall issue a Certificate of Non-
Completion. Upon the issuance of the Certificate of Non-Completion, the Contractor shall pay
or allow to the Employer a sum calculated at the rate stated in the Appendix as Liquidated
Damages for the period from the Completion Date to the date of the Practical Completion. The
Employer may recover such sum as a debt or may deduct such sum from any monies due or to
become due to the Contractor under the Contract or the Employer may recover such sum from
the Performance Bond. The Employer shall inform the Contractor in writing of such deduction
or such debt due from the Contractor. The imposition of Liquidated Damages by the Employer
shall not be taken into account by the Architect in the insurance of payment certificates and
Final Certificate, and is not subject to the set-off procedures under Clause 30.4 and
adjudication.
The Agreed Liquidated Damages amount a genuine pre-estimate of the loss and/or damage to
be suffered by the Employer if the Contractor contravenes Clauses 21.0 and 22.0. The parties
agree that by signing the Contract, the Contractor shall pay to the Employer the said amount, if
the same becomes payable without the need for the Employer to prove its loss and/or damage
unless otherwise proved by the Contractor
Certificate of Non-Completion revoked by subsequent Certificate of Extension of Time.
Architects issue Extended Time Certificates under Clauses 23.4, 23.9 and 23.10 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 Indemnity which 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 the Extension of Time Certificate, the
Architect shall issue a Certificate of Incomplete

PREPARATION AND ARCHITECTURE SITE PRACTICE | PAGE 105
SUBMISSION OF

CERTIFICATE OF NON-
COMPLETION

Some basic rules must be complied with in the preparation of the Certificate of Non-
Completion as follows:

a) All particulars in the Certificate must be correctly inserted. Particulars of the Contract and the
Contractor inserted in the Certificate must be the same as those in Contract
Document. No space allowed for insertions in the Certificate, except the date of the
same, shall be left blank. The date of the Certificate shall be the date on which the
officer empowered to do so signs the Certificate.

b) The periods of coverage of the insurance policies must be extended to the expected date of
completion of the Work. When submitting the Certificate of Non-Completion for approval,
particulars of the Contract and other information must be provided on a standard form. In addition,
the following must be submitted together:

A statement by the recommending officer as to whether he has studied the
circumstances of the case in depth and assessed the ability of the Contractor to proceed and
complete the Work; and whether in his opinion, imposition of LAD will ensure completion of
work the soonest and his reasons for thinking so.


A description of the progress of work achieved by the Contractor and the work programme of
the balance of work may be completed.


c) Information whether there has been any cause of delay for which Government to be responsible
for and if so, whether a reasonable extension of time has been granted and whether there is any
foreseeable cause of delay for which the Government may be responsible.

EXTENSION OF TIME
AND LIQUIDATED
ASCERTAINED DAMAGE
(LAD)

WHAT IS ARCHITECTURE SITE PRACTICE | PAGE 107
LIQUIDATED
ASCERTAINED

DAMAGES
(LAD)?

The Liquidated Ascertained Damages (LAD) clause is an important part of a construction
contract. It's designed to cover any predicted losses which might occur as a result of a
project overrunning or being delayed The Liquidated ascertained damage (LAD) clause is an
important part of a construction contract. It's designed to cover any predicted losses which
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 neither is it
implemented as a punishment for a breach of construction contracts.
It’s actually a pre-agreed part of the contract itself between an employer and contractor.
Now, it’s fair to say that delays can sometimes occur in construction projects.
It might be that there's a sourcing problem with some key materials. Perhaps there was an
accident in construction that delays the entire process. These things do happen.
As such, ensuring the financial obligations of such delays are clear and recorded is just a
smart part of construction contracts.
This clause sets out a predetermined estimate of any losses which the employer is likely to
incur if a project overruns (read: takes longer than the agreed date).
Under the LAD clause, a sum of money is agreed which will be recovered by the employer
for every day of delay beyond the agreed upon completion date.

MAIN ARCHITECTURE SITE PRACTICE | PAGE 108
BENEFITS
OF LADS

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 completion date.

The agreed contract means that at the point where this claim crystalises, it is already
contractually agreed by both parties.

From a contractor's point of view, they understand in advance what the costs to their own
business will be if they fail to deliver on time. That provides a clear financial calculation as
to the potential cost of overruns.

HOW ARCHITECTURE SITE PRACTICE | PAGE 109
LAD
APPLIES

LAD is not an automatic and legally required part of all construction contracts. Although,
thankfully in standard contract law, it is almost always included. If you’re buying a new
development property in Malaysia, then the likelihood is that a LAD clause will appear in
the Sale and Purchase Agreement (SPA).
Claiming LAD should be a fairly simple process. If a project runs beyond the agreed
completion date before possession is given, then the clause is triggered. A letter of demand
to the developer stating the clause and agreed LAD rate should then result in the employer
receiving payment.
This will essentially be a clause that outlines the process and financial implications if the
project delivery is delayed.
If you’re buying a strata-titled property in Malaysia for example, then Schedule H, Clause
25 of the prescribed SPA notes that:
“25. (1) Vacant possession of the said Parcel shall be delivered to the Purchaser in the
manner stipulated in clause 27 within thirty-six (36) months from the date of this
Agreement.
(2) If the Developer fails to deliver vacant possession of the said Parcel in the manner
stipulated in clause 27 within the period stipulated in subclause (1), the Developer shall be
liable to pay to the Purchaser liquidated damages calculated from day to day at the rate of
ten per centum (10%) per annum of the purchase price from the expiry of the period
stipulated in subclause (1) until the date the Purchaser takes vacant possession of the said
Parcel.”

CALCULATING ARCHITECTURE SITE PRACTICE | PAGE 110
THE RATE OF

LADS

The cost of Liquidated Ascertained Damages can vary by contract, although there is a
standard calculation for a SPA which can help guide your understanding.
In general terms, LAD takes into account a whole range of potential financial losses which a
client might occur if the project is not delivered on time, such as:

Loss of rent
Loss of income
Storage costs
Additional rental costs
Fees or fines from third parties
Financing costs for loans etc.

These are all foreseeable costs based on financial calculations which are made, given the
promised completion date.

CALCULATING ARCHITECTURE SITE PRACTICE | PAGE 111
THE RATE OF

LADS

For example, a developer has rented out a commercial space to a third party from the 1st of
January, but the project overruns by six months, then they have lost out on six months of
agreed rent. Those are the type of calculations which LAD is designed to cover.

The standard clause stipulates that the developer shall owe compensation equivalent to
10% per annum of the property purchase price. Here’s a simple example:

SPA date = 01/07/2016
Completion date = 30/06/2019
Actual delivery of vacant possession = 31/08/2019
Days of delay (from 30/06/2019 to 31/08/2019) = 63 days
LAD amount:
Purchase price (RM100,000) x interest (10%) x 63 days = RM1,726.03
Divided by 365

WHAT IS AN
EXTENSION

OF TIME?

What is an extension of time? An extension of time clause is an express contractual
provision that contemplates the adjustment of the contract completion date in defined
circumstances i.e. an extension of time is granted when the progress of the work has been
impacted because an excusable delaying event has occurred

ARCHITECTURE SITE PRACTICE | PAGE 112

WHAT ARE THE ARCHITECTURE SITE PRACTICE | PAGE 113
TYPICAL GROUNDS

FOR SEEKING AN
EXTENSION OF TIME?

There are two types of delay for which the manufacturer may seek to claim for an extension of
time:

Delays caused by the customer; and
Other delays that are not the manufacturer’s responsibility under the contract.
Most contracts will include a comprehensive list of events which entitle the manufacturer to
make an application to the customer to extend the specified date(s).
These typically include:

1. variations
2.changes in law
3.failure for customer to approve documentation
4.delays caused by nominated suppliers
5.infrastructure availability (or lack of)
6.exceptionally adverse weather
7.force majeure and
8.acts of prevention by the customer.

HOW DO I APPLY ARCHITECTURE SITE PRACTICE | PAGE 114
FOR AN

EXTENSION OF
TIME?

First, ascertain that an extension of time provision is included in your contract. When applying
for an extension of time, the next step for the manufacturer or supplier is to notify the
customer that a delay event has or will occur which it considers will cause delay. The delay
event will mean works overrun beyond the delivery date and the manufacturer or supplier
must detail the estimated delay period.

The wording within the contract will stipulate the amount of detail required in the notification
as to the cause and effect of the delay. Some contracts require the notice to include the full
details of the delay event, along with an estimate of the delay’s impact on progress of the
works. Other contracts will simply require a notice to alert the customer of the cause of delay
and provide further details in due course.

HOW SHOULD AN ARCHITECTURE SITE PRACTICE | PAGE 115
EXTENSION OF
TIME CLAIM BE
ASSESSED?

Once the manufacturer has issued notification of the delay event, the customer should consider
the application and respond. Under the contract, the customer should be required to notify the
manufacturer of its decision within a period stipulated under the contract.

The response should indicate whether the customer agrees or disagrees in awarding an
extension of time to fix a new completion date. The decision to award the extension of time
should be based on the terms of the extension of time provisions in the contract. If it is not, the
decision should be challenged.

If a certain delaying event is not covered within the extension of time provisions, a
manufacturer or supplier may be able to rely on the prevention principle in seeking an
adjustment to the contractual completion date.

WHAT IS THE
PREVENTION
PRINCIPLE?

The doctrine of prevention (the prevention principle) allows the law to reflect reality. If the
customer was to delay the manufacturer or supplier in completing the work, the customer
could not then rely on the manufacturer’s failure to complete the work by the contractual
completion date as though the customer’s own default had never happened. In effect, a
customer cannot take advantage of its own act of prevention.

A more far-reaching aspect of the doctrine is in consequence of an act of prevention: time is
rendered at large, and the liquidated damages provision is no longer operative.

ARCHITECTURE SITE PRACTICE | PAGE 116

WHAT IS ARCHITECTURE SITE PRACTICE | PAGE 117
‘TIME AT
LARGE’?

Time will become ‘at large’ if a manufacturer or supplier has been prevented from completing
works by the contractually specified date(s) as a result of actions taken by the customer and
where the contract does not contain an operable mechanism for adjusting the specified dates
and completion date (awarding an extension of time).

In the absence of an extension of time clause, the party who carries the contractual risk for an
event which has prevented completion is responsible for the consequences. Therefore, if the
customer is responsible for an act of prevention, the specified date will lapse (time becomes at
large) and the customer can no longer deduct liquidated damages. However, it is important to
note that the manufacturer will still be obliged to complete the works within a reasonable time.

DEFECT
LIABILITY
PERIOD

WHAT IS
DEFECT
LIABILITY
PERIOD

The Defect Liability Period (“DLP”) is defined as a period where the Developer is responsible to
fix any defects and it begins from the date the Homeowner received delivery of vacant
possession and keys of the property.

ARCHITECTURE SITE PRACTICE | PAGE 119

CLASSIFICATION
OF DEFECTS

Patent Defect Latent Defect ARCHITECTURE SITE PRACTICE | PAGE 120
The defect that can be discovered by normal The defect that is not discovered by normal
examination or testing. It’s discoverable in a examination or testing which manifests itself
structure that is apparent to reasonable after a period of time. It is something that is
inspection i.e roof leak, foundation crack. not easily discoverable and only becomes
Normally, defects are readily apparent to the apparent at some later date or upon an
naked eye and are therefore capable of being investigation of some consequential effects
assessed and measured relatively easily and caused by the defect.
rectified.

CONSTRUCTION ARCHITECTURE SITE PRACTICE | PAGE 121
DEFECTS

Construction defects are inevitable in construction
project delivery and are usually contentious between
the employer and the contractor/subcontractor. It is the
unacceptable quality of a project which can be identified
and remedied. It also means as work that fell short of
complying with the express description or requirement
of the contract, especially any drawing or Specification
together with any implied term and condition as to its
quality, workmanship, durability, aesthetic,
performance, or design.
Therefore, the project faces the defect work generally
resulting in a structure that cannot perform its original
intended roles.

DUTIES OF ARCHITECTURE SITE PRACTICE | PAGE 122
CONTRACTOR

In a construction contract, contractor undertaking to do work and supply
materials implies undertakes:
To do the work undertaken with care and skill or as sometimes expressed in
a 'workmanlike a manner' To use material of good quality. The materials
described expressly this will mean good of their express 'free from defect’
To use material of good quality. The material is of good quality. The
materials described expressly this will mean good of their express ‘’ free
from defect ‘’
That both the workmanship and material will be reasonably ‘fit for the
purpose for which they are required unless the circumstances of the
contract exclude any such obligation
Issuance of the certificates bring the contractor’s obligation to end and only
defects due to workmanship and materials not in accordance with the
contract are required to be made good at the contractor cost .

ARCHITECTURE SITE PRACTICE | PAGE 123

CERTIFICATE OF
MAKING GOOD
DEFFECT (CMGD)

DEFINITION OF ARCHITECTURE SITE PRACTICE | PAGE 125
CERTIFICATE OF
MAKING GOOD
DEFFECT (CMGD)

Certificate(s) of Making Good Defects means a notice issued by the
Employer's Representative pursuant to the Building Contract and/or the
Bio Contract (as the case may be) that all defects in the Basebuild Works
and/or Bio Works (as the case may be) (and any other works referred to in
such notice) appearing during the defects liability period specified in the
Building Contract and/or the Bio Contract (as the case may be) have been
made good.

THE PURPOSE OF
THE CERTIFICATE
OF MAKING GOOD
DEFECTS (CMGD)

During this period, the client reports any defects that arise in the works to
the contract administrator who decides whether they are in fact defects (i.e.
works that are not in accordance with the contract), or whether they are
maintenance issues. If the contract administrator considers that they are
defects, then they may issue instructions to the contractor to make good
the defects within a reasonable time.

ARCHITECTURE SITE PRACTICE | PAGE 126

WHAT IS A
DEFECT
PERIOD?

A defects liability period is a period of time following practical completion
during which a contractor remains liable under the building contract for
dealing with any defects which become apparent. A defects liability period
is usually a period of around six or 12 months but it can vary depending on
the contract used.

ARCHITECTURE SITE PRACTICE | PAGE 127

WHAT ARE
INTERIM

CERTIFICATES?

Interim certificates provide a mechanism for the client to make payments to
the contractor before the works are complete. The Housing Grants,
Construction and Regeneration Act, states that a party to a construction
contract in excess of 45 days is entitled to interim or stage payments.

ARCHITECTURE SITE PRACTICE | PAGE 128

DIFFICULTIES
SURROUNDING

PRACTICAL
COMPLETION

It is important to note that the defects liability period is not a chance to
correct problems apparent at practical completion, it is a period during
which the contractor may be recalled to rectify defects which appear. If
there are defects apparent before practical completion, then these should
be rectified before a certificate of practical completion is issued.

ARCHITECTURE SITE PRACTICE | PAGE 129

PARTICULAR
CIRCUMSTANCES
RELATING TO THE
CERTIFICATE OF

MAKING GOOD
DEFECTS

If 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.

ARCHITECTURE SITE PRACTICE | PAGE 130

WHAT IS FINAL
CERTIFICATE IN
CONSTRUCTION?

The final certificate is certification by the contract administrator that a
construction contract has been fully completed. It is issued at the end of the
defects liability period and has the effect of releasing all remaining money
due to the contractor, including any remaining retention.

ARCHITECTURE SITE PRACTICE | PAGE 131

WHAT ARE
THE COMMON

BUILDING
DEFECTS?

• Damaged roofing and blocked guttering. Cracked roof tiles or damage
'pointing' (the cement sealant along the roof joins) can leave your roof and
ceilings exposed to water damage and flooding.
• Timber Rot.
• Cracking.
• Electrical.
• Stumps / subfloor framing.
• Rising Damp.

ARCHITECTURE SITE PRACTICE | PAGE 132

DEFECT ARCHITECTURE SITE PRACTICE | PAGE 133
LIABILITY
PERIOD

Deemed to have commenced on the date on which the client (Government)
shall have taken possession and occupied the works.

1. Completion of works – issuance of CPC
2. Sectional completion of works – issuance of CPO
Completion of Works
i. Issuance of Certificate of Practical Completion (CPC)
ii. Completion of outstanding works and remedying defects.
iii. Default in remedying defects
iv. Diminutions in value of works
v. Certificates of completion of making good defects

PARTIAL ARCHITECTURE SITE PRACTICE | PAGE 134
OCCUPATION

i. Certificate of Partial Occupation. (within 7 days)
ii. Start of DLP for parts occupied
iii. Certificates of completion of making good defects (relevant parts)
iv. Reduction in LAD v. Default in remedying defects
v. Diminution in value of works
vi. Insurance (contractor to notify insurer)
vii. Performance Bond (released after CMGD for whole works)

S.O. : issue instructions requiring any defects, shrinkages or other faults
appearing within DLP due to materials or workmanship not in accordance with
the Contract.
Contractor : obliged and liable to rectify defects that appear between the
period the Certificate of Practical Completion (CPC) is issued and the expiry of
the DLP.
In General : Instruction for rectifying defects, shrinkages or other faults can no
longer be issued after 14 days from expiry of the DLP. Unless otherwise stated
in the Contract

PROTECTION FOR ARCHITECTURE SITE PRACTICE | PAGE 135
YOUR HOME:
CRITICAL TIME
PERIODS
FOR BUILDING
DEFECTS

Completion of Building Works

Establishing the date that building works are completed is an essential first
step when ascertaining the enddate to commence proceedings in respect of
a building defect.
For new buildings in strata schemes completion of building works occurs on
the date that an occupation certificate is issued. If an interim occupation
certificate is issued completion will occur on that date, and not the date of a
later final occupation certificate.
For non—strata buildings, the completion date can be difficult to ascertain
with precision. Due to the way completion is defined in the Home Building
Act 1989 prudent homeowners should adopt a position that the assumed
date for practical completion could be up to 12 months prior to the issuance
of an occupation certificate.

CONTRACTUAL ARCHITECTURE SITE PRACTICE | PAGE 136
DEFECT
LIABILITY
PERIOD

Building contracts typically contain a defect liability period in respect of
building works that is usually between 12 to 24 months from practical
completion of the building works.
In NSW, a contractual defects liability period cannot remove or limit rights
to a statutory warranty.
Typically, only a party to a building contract will be able to bring a claim
pursuant to a defect liability period and successors in title will not be able to
bring a claim.

THE CERTIFICATE
OF COMPLIANCE
COMPLETION

WHAT
IS THE

CCC

The CCC is a certificate which provides final sign-off on construction of a
building.
The CCC is completed by an industry professional with an overview of the
construction, known as the Principal Submitting Person (PSP).

ARCHITECTURE SITE PRACTICE | PAGE 138

THE
CCC

This certificate is an official recognition that the building is fit for the
purpose it was built for
It’s a mandatory self-certified document and enforced under the Street,
Drainage and Building (Amendment) Act 2007.

ARCHITECTURE SITE PRACTICE | PAGE 139

IMPORTANT
OF THE CCC

It ensures the safety of your house’s occupants and can be used to
determine if your house is in a livable condition.

ARCHITECTURE SITE PRACTICE | PAGE 140

DIFFERENCE
OF CCC AND

CFO

CFO
It was deemed to be inefficient. The process also required the authorities to
visit the site and give their approval to it.
CCC
Is a more efficient and self-regulated process where the sign-off is shared
amongst the Principal Submitting Person (PSP).

ARCHITECTURE SITE PRACTICE | PAGE 141

THE ARCHITECTURE SITE PRACTICE | PAGE 142
PSP

Principal Submitting Person (PSP) consists of a group of professionals including
professional architects, engineers and building painters.

PSP
RESPONSIBILITIES

Supervise the construction and completion of buildings for ensure
construction is in accordance with the approved plan
Ensure the building has been 'constructed and completed with accordingly
'as prescribed and according to plan approved building
Ensure the building is safe and livable

CONCLUSION

CONCLUSION ARCHITECTURE SITE PRACTICE | PAGE 144

At the end of the report, the importance of site meeting in the construction
industry cannot be over emphasized, thus it is necessary that one of the
architect's responsibilities during construction is to participate in job-site
meetings. The architect should be familiar with the progress of the job prior to
any regularly scheduled job meeting, since regularly scheduled site meetings
are essential. I realized that working at construction site is much more different
and also more difficult, because of the weather conditions and the risks exist.
This topic gave us a chance to experience and learn what cannot be gained
during lectures or tutorials. One of the first things that I have learnt is
understanding the importance of safety which is a basic of construction.
because of all dangers exist on site. Furthermore I have learnt many things by
identifying different types of construction materials and their uses, and also
learning a lot about construction process and methods that are used in
Malaysia, plus we can talk and ask questions from the construction team who
were guiding us at the site.

IT IS NOT THE
BEAUTY OF A
BUILDING YOU
SHOULD LOOK AT;

IT'S THE
CONSTRUCTION

OF THE
FOUNDATION
THAT WILL STAND
THE TEST OF

TIME.

DAVID ALLAN COE

DCA50242 ARCHITECTURE SITE PRACTICE
DIPLOMA IN ARCHITECTURE
SESI 1 2021/2022

POLITEKNIK SULTAN HAJI AHMAD SHAH

Copyright by Atikah Amira